.,.         A  .A 


UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


]  EXL1BRJS 


y 


' 


ORDINANCES 


OF    THE 


CITY    OF    BLOOMINGTON, 


A.  D.  1876, 


COMPRISING   THE   GENERAL  ORDINANCES,  ACTS    OF    INCORPORATION, 

AND  OTHER  LAW3  AFFECTING  THE  CITY,  TOGETHER  WITH 

AN   APPENDIX,    SHOWING    THE    COMPOSITION 

OF  THE  CITY   GOVERNMENT   FROM 

1850    TO    1876. 


REVISED,    COMPILED  AND  ARRANGED   BY 

ISAAC  N.  PHILLIPS, 

ATTORNEY  AT  LAW. 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL. 


BLOOMINGTON : 

I.KAJJKR  STEAM  PRINTING   AND  PUBLISHING  HOl'SK. 
1876. 


PREFACE. 


The  City  Council,  during  the  time  occupied  in  consider- 
<j  ing  these  ordinances,  was  composed  of  the  following  gentle- 
fmen:  Mayor,  Hon.  B  F.  Funk;  Aldermen,  David  D.  Hag- 
<  gard,  II.  S.  McCurdy,  John  W.  Trotter,  M.  Hausen,  John  S. 
Scibird,  A.  F.  Risser,  Peter  Rockwell,  B.  L.  Lucas,  John 


,  John  H.  Regan,  Robert  Thompson  and  Col.  John 
.     Since  the  names  of  these  gentlemen  do  not  appear  up- 


the  title  page  of  this  book,  it  is  an  act  of  simple  justice  to 
mention  them  here.     The  unlimited  zeal  which  they  have  all 
manifested  in  Jhe  production  of  the  work  could  only  have 
co  been  prompted  by  a  sincere  desire  for  the  public  good;  since 
""no  adequate  motive  can  be  found  in  the   paltry  sum  allowed 
^them  as  pay.     I  cheerfully  acknowledge  their  right  to  share 
i  -  whatever  credit  the  book  may  bespeak  for  its  makers. 

In  the  advice  and  aid  of  Gen.  Ira  J.  Bloomfield,  I  have 

had  the  benefit  of  his  long  experience  as  counsel  for  the  city 

.  and  his  consequent  thorough  knowledge  of  municipal  law  ;  for 

\  which  I  beg  he  will  accept  my  due  and  grateful  acknowledg- 

*•  ment. 

The  Chapter  on  Fire  Department  was  prepared  under 
suggestions  from  Mr.  M.  X.  Chuse,  whose  practical  experi- 
ence as  Chief  Engineer  of  the  Department  renders  his  opin- 
ion of  the  highest  value. 

The  Chapter  on  Grades  could  only  have  been  made 
thorough  and  accurate  (as  it  is  believed  to  be)  by  the  assist- 
ance of  Mr.  Ira  Merchant,  City  Engineer,  who  cheerfully 
aided  me,  and  who  must  also  take  his  pay  in  thanks. 

In  searching  the  record  books  of  the  city,  I  have  been 
inaterially  aided  by  Win.  B.  Lawrence,  late  City  Clerk,  whom 


iv  ri:i:FACE 

I  always  found  as  thoroughly  informed  in  matters  relating  to 
tin-  i-ity  government  as  he  was  eminently  obliging  and  gen- 
tlemanly as  an  oil 

I  am  also  indebted  to  Mr.  Win.  G,  Boyce,  late  City  Mar- 
shal, and  other  city  officials  whose  names  I  have  not  space  to 
ution,  for  practical  hints  touching  the  needs  of  the  city. 
To  all  these  gentlemen  I  extend  my  hearty  thanks. 

Having  thus  paid  my  debts,  which  was  the  object  of  this 
preface,  I  have  but  a  word  to  add  in  behalf  of  the  work  itself. 
No  one  is  more  sensible  of  ito  errors  and  imperfections  than  I 
am  ;  and  the  reader  need  not  imagine  that  he  is  the  original 
discoverer  of  any  of  them.  The  very  chaotic  condition  in 
whirh  the  city  ordinances  have  long  been,  will  probably  ren- 
'li-r  a  work  as  imperfect  and  unpretentious  as  this  quite  wel- 
come to  the  profession  and  the  public.  One  thing  I  know :  I 
have  expended  an  amount  of  labor  on  this  book  which  no  one 
who  has  not  performed  a  similar  task  can  well  realize.  If 
the  result  is  not  perfect  it  is  not  because  I  have  not  desired 
and  labored  to  make  it  so. 

I.  N.  P. 
Bloomington,  III.,  June,  1876. 


TABLE  OF  CONTENTS. 


PART  I. 

ORDINANCES. 

PAGE. 

I.  Animals,  Pounds  and  Pound- keepers,  1 

II.   Cemeteries,  6 

III.  City  Council,     -  9 

IV,  Dogs,  12 
V.  Elections,  13 

VI.  Fees  and  Salaries,  16 

VII.  Fire  Department,  -       20 

VIII.  Grades,  24 

IX.  Licenses,  -       33 

X.  Liquors,                                              .  51 

XI.  Misdemeanors,  -       53 

XII.  Nuisances,                                -  -                    73 

XIII.  Officers,  -       81 

XIV.  Ordinances,  97 
XV.  Police  Department,    -  -       99 

XVI.  Railroads,       -  107 

XVII.  Revenue,  -     115 

XVIII.  Special  Assessments,       -  117 
XIX.  Supplies  and  Claims, 117 

XX.  Wards,  -         118 

XXI.  Water  Supply,  119 

Adopting  and  Publishing  Ordinance,  -                 134 


PART  II. 

ACTS  OF  INCOPORATION. 

PAGE. 

I.  Act  to  legalize  incorporation,  June  19,  1852,     -     139 
II.  Extending  corporate  limits,  March,  1854,  140 


VI  TABLE   OP   CONTENTS. 

III.  Legalizing  incorporation,  etc.,  Feb.  14,  1855,     -  140 

IV.  Act  in  relation  to  North  Bloomington,  Feb.  13, 

1857,    -  141 

V.  Extending  corporate  limits,  Feb.  16,  1857,        -  142 

VI.  Granting  and  establishing  charter,  Feb,  13, 1861,  144 

VII.  Amending  charter,  March  7,  1867,  157 

VIII.  Authorizing  issue  of  bonds  for  C.  &  A.  R.  R. 

Co.,  March  3,  1869,                                             -  177 

IX.  Amending  charter,  March  8,  1869,  178 
X.  Authorizing  issue  of  sewerage  bonds,  June  19, 

1869,                                                                     -  180 

XI.  Special  assessments,  July  1,  1872,  -  181 


PART  III. 

OTHER  LAWS  AFFECTING  THE  CITY. 

PAGE. 

Annexing  and  Excluding  Territory,  199 

Appointment  and  Removal  of  Officers,  -     203 

Appointment  of  Special  Assessments,  etc.,  205 

Houses  of  Ill-fame,  -     206 

Oil  Inspection,  207 

Plats,  -    210 

Police  and  Firemens'  Relief  Fund,     -  214 

Police  Magistrates,  .     216 

Rebate  and  Reduction  of  Taxes,  etc.,  217 

Salaries  of  City  Officers,  -     218 

Schools,  219 

Sewerage  and  Water  Taxes,  229 

Sidewalks  in  Cities,  etc.,     -  231 

Water  Works,  -     234 

Weights  and  Measures,       ...  .                 239 


APPENDIX. 

PAGE. 

City  Government,  1850-1876,  -     245 

Index, 251 


PART  I. 


ORDINANCES. 


AN  OKDINANCE 

IN 
REVISION  OF  THE  GENERAL  ORDINANCES 

OF    THE 

CITY  OIF  zBniooiMiiiDsrGKroiisr- 
Be  it  ordained  by  the    City  Council  of  the  City  of  Bloomington : 

CHAPTER  I. 

-ANIMALS,  POUNDS,  AND  POUND-KEEPERS. 

SECTION  1.  Animals  running  at  large — penalty. 

2.  Pound-keeper  to  be  appointed — bond. 

3.  Pounds — Pound-keeper  to  take  up  animals — feed  for  same. 

4.  Duty  of  policemen — persons  injured  may  take  up  animals. 

5.  Redemption  of,  and  proceedings  against,  impounded  animals. 

6.  Proceedings  where  owner  is  unknown. 

7.  Docket  entry. 

8.  Justices'  order — form. 

9.  Pound-keeper's  notice— form. 

10.  Pound-keeper's  deputies— additional  pound-keepers. 

11.  Pound-keeper's  book— proceeds  of  sale. 

12.  Surplus  proceeds  paid  to  owner. 

13.  Breaking  pound,  etc.— hindering  the  impounding  of  animals— penalty. 

14.  Wrongful  taking  of  animals— penalty. 

15.  Herding  or  tying  out  of  animals. 

SECTION  1.  ANIMALS  RUNNING  AT  LARGE — PENALTY.]  No 
animal  of  the  species  of  cattle,  horse,  mule,  swine,  sheep,  goat 
or  goose,  shad  be  permitted  to  run  at  large  within  the  limits 
of  the  city  of  Bloomington  ;  and  the  running  at  large  of  any 
such  animal  is  hereby  declared  to  be  a  nuisance;  and  any 
person  being  the  owner  or  possessor  of  any  such  animal,  who 
shall  permit  the  same  to  run  at  large  in  violation  of  this  sec- 
tion, shall  forfeit  and  pay  a  penalty  of  two  dollars  for  each 


2  ANIMALS,  POUNDS,  ETC. 

animal  so  permitted  to  run  at  large,  together  with  the  fees  for 
impounding,  and  all  expense  of  sustenance  for  such  animal 
when  impounded,  as  hereinafter  provided. 

§  2.  POUND-KEEPER  TO  BE  APPOINTED — BOND.]  There  shall 
be.  appointed  in  and  for  said  city,  as  provided  by  law,  one 
Pound-keeper,  who  shall,  before  entering  upon  the  duties  of 
his  office,  execute  and  file  with  the  City  Clerk,  a  bond  to  the 
city  of  Bloomington,  in  the  penal  sum  of  one  thousand  dol- 
lars, with  one  or  more  securities,  residents  of  said  city,  to  be 
approved  by  the  City  Clerk,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  pound-keeper,  and  the  strict  observ- 
ance of  all  ordinances  of  the  city  of  Bloomington  touching 
the  impounding  of  animals. 

§  3.  POUNDS — POUND-KEEPER  TO  TAKE  UP  ANIMALS — FEED 
FOP.  SAME.]  The  Pound-keeper  shall  provide  within  the  city 
such  pound  or  pounds,  suitably  constructed,  as  may  be  found 
necessary  for  the  impounding  of  animals ;  and  it  shall  be  his 
duty  to  take  up  and  impound  all  animals  found  running  at 
large  in  violation  of  any  ordinance  of  said  city ;  and  also  to 
receive  and  impound  any  such  animals  when  taken  up  by  any 
other  authorized  person.  During  the  stay  of  any  animal 
in  the  pound,  he  shall  feed  and  water  the  same ;  the  costs  of 
which,  as  also  the  impounding  fees,  the  claimant  of  such  ani- 
mal shall  pay  to  the  Pound-keeper  before  such  animal  shall  be 
released. 

§  4.  DUTY  OF  POLICEMEN — PERSONS  INJURED  MAY  TAKE  UP 
-ANIMALS.]  Every  policeman  of  said  city  shall  forthwith  take 
up  and  drive  to  the  pound  any  animal  known  by  him  to  be 
unlawfully  at  large  within  the  city.  Any  person  who  is  in- 
jured, or  is  in  danger  of  being  injured,  in  his  property,  by 
reason  of  the  unlawful  running  at  large  of  any  animal,  may 
either  drive  the  same  to  the  pound,  or  he  may  take  up  and 
confine  the  same  in  some  safe  and  convenient  place,  and  notify 
the  Pound-keeper  or  a  policeman  thereof,  as  soon  as  practi- 
cable, and  the  officer  so  notified  shall  forthwith  take  charge  of 
such  animal  and  impound  the  same. 

§  5.  REDEMPTION  OF,  AND  PROCEEDING  AGAINST,  IMPOUNDED 
ANIMALS.]  The  owner  or  person  entitled  to  the  possession  of 
any  impounded  animal,  may  redeem  the  sama  by  paying  to 
the  Pound-keeper  the  impounding  fees,  and  the  charges  and 
costs  of  feeding,  and  sustenance  up  to  the  time  of  redemption  ; 
but  if  no  person  appears  to  redeem  any  impounded  animal 
within  forty-eight  hours  after  the  impounding  of  the  same,  it 
shall  be  the  duty  of  the  pound-keeper  (unless  the  same  shall 
be  done  by  some  other  person)  to  make  complaint  before  a 


ORDINANCES.  6 

police  magistrate  against  the  owner  or  possessor  of  such  ani- 
mal, for  permitting  the  same  to  run  at  large,  and  like  pro- 
ceedings shall  thereupon  be  had  as  in  other  cases  for  the 
recovery  of  fines  and  penalties;  and  if  the  defendant  is  found 

fuilty  in  addition  to  the  penalty  prescribed  in  section  one 
ereof,  judgment  shall  be  rendered  for  impounding  fees  and 
costs  of  sustenance :  and  if  at  the  time  of  rendering  judgment 
such  animal  is  still  unredeemed,  an  order  shall  be  entered 
that  such  animal  shall  be  sold  to  satisfy  said  judgment,  unless 
the  same  is  forthwith  paid.  Such  order  shall  describe  the 
animal  and  state  the  time  and  place  of  impounding. 

§  6.  PROCEEDINGS  WHERE  OWNER  is  UNKNOWN.]  If  the 
owner  of  any  animal  impounded  is  unknown,  complaint  shall 
be  made  as  provided  in  the  last  section  against  the  unknown 
owner  of  such  animal,  describing  the  same ;  and  thereupon 
the  magistrate  before  whom  such  complaint  is  made,  shall 
issue  a  notice  in  substance  as  follows : 

POUND    NOTICE. 

Whereas,  complaint  has  this  day  been  made  before  me  that 
the  unknown  owner  of  the  following  described  animal,  to-wit: 
(here  describe  animal  particularly,)  impounded  at,  (here  state 

the  place  of  impounding,)  on  the day  of 

A.  I).  18 — ,  has  permitted  the  same  to  run  at  large  contrary 
10  the  ordinances  of  the  city  of  Bloomington. 

Now,  therefore,  notice  is  hereby  given  to  the  owner  of  such 
animal,  and  all  persons  interested  in  the  same,  that  a  trial  will 
be  had  upon  the  said  complaint  at  my  office,  in  the  city  of 

Bloomington,  on  the day  of ,  A.  D.  18 — , 

at  the  hour  of M.,  when  and  where  such  owner  or 

other  person  interested  may  appear  and  defend,  if  he  see  fit 
so  to  do. 

Witness  my  hand  and  seal  this day  of , 

A.  D.  18—. 


-,  P.  M.  [L.  s.] 


The  day  named  in  said  notice  for  trial  shall  not  be  less  than 
five  nor  more  than  ten  days  from  the  time  of  issuing  the  same, 
and  it  shall  be  the  duty  of  the  Pound-keeper,  City  Marshal,  or 
some  policeman,  forthwith  to  post  three  copies  of  said  notice, 
one  at  the  pound  where  the  animal  is  impounded,  one  at  the 
office  of  the  police  magistrate  issuing  the  same,  and  one  at 
the  door  of  the  court  house  in  said  city,  and  a  fourth  copy  he 
shall  cause  to  be  inserted  at  least  once  in  the  corporation 
newspaper.  The  officer  executing  said  notice  shall  make  a 


4  ANIMALS,  POUNDS,   ETC. 

return  thereof,  showing  the  time  and  manner  of  said  posting 
and  publishing. 

§  7.  DOCKET  ENTRY.]  The  magistrate  issuing  paid  notice 
shall  enter  the  cause  upon  his  docket  as  follows :  The  City  of 
Bloomington  vs.  The  unknown  owner  of  (here  specify  and 
describe  animal).  And  upon  the  return  of  the  notice  executed 
as  prescribed  in  the  last  section,  like  proceedings  shall  be  had 
as  in  the  case  of  personal  service  or  appearance. 

§  8.  JUSTICE'S  ORDER — FORM.]  Upon  the  rendition  of 
any  judgment  as  prescribed  in  sections  six  and  seven  of  this 
chapter,  the  police  magistrate  rendering  the  same  shall  issue 
to  the  Pound-keeper  having  charge  of  such  animal  an  order 
of  sale  which  shall  be  substantially  in  the  following  form, 
to-wit : 

The  People  of  the  State  of  Illinois  to  ,  Pound- 
keeper: 

We  command  you  that  of  the  following  described  goods 
and  chattels,  to-wit :  (here  describe  animal)  the  property  of 
(here  insert  name  of  owner,  if  known  ;  and  if  not,  then  say 
"  some  person  unknown,")  you  make  the  sum  of dol- 
lars and cents  debt,  and dollars  and cents 

costs,  which  the  City  of  Bloomiugtuu  lately  recovered  before 
me  against  the  said  (here  insert  owner's  name,  if  known,  and 
if  not,  say  "unknown  owner,")  and  hereof  make  due  return 
in  what  manner  you  execute  the  same. 

Given  under  my  hand  and  seal  this day  of 

A.  D.  18 . 


P.  M.  [L.  s.] 


Which  order  shall  be  returned  by  such  Pound-keeper  within 
thirty  days  from  its  date  to  the  office  issuing  the  same  with  an 
endorsement  showing  when  and  how  the  same  was  executed. 

§  9.  POUND-KEEPER'S  NOTICE — FORM,  ]  Upon  receipt  of 
such  order  the  Pound-keeper  shall  immediately  post  three 
notices  in  like  places  as  provided  in  section  six  of  this  ordi- 
nance, and  a  fourth  he  Baall  cause  to  be  published  once  in  the 
corporation  newspaper,  which  notices  may  be  in  substance,  as 
follows : 

POUND   NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  city  of 
Bloomingtou,  at  (here  state  the  place  of  Pound,)  the  following 
described  animal,  (here  describe  animal,)  which,  unless  re- 
deemed, will  be  sold  at  public  auction  for  cash  to  the  highest 

bidder,  at  said  pound,  at  the  hour  of o'clock  —  M.,  on 

the day  of ,  A.  D.  18 . 

,  Pound-keeper. 


ORDINANCES.  5 

The  day  of  sale  mentioned  in  said  notices  shall  not  be  less 
than  three  nor  more  than  live  days  after  posting  and  publish- 
ing the  same,  exclusive  of  Sundays,  holidays  and  election 
days  ;  and  if  said  animal  is  i.ot  redeemed  the  Pound-keeper 
shall  sell  the  same  in  accordance  with  paid  notice. 

§  10.  POUND-KEEPER'S  DEPUTIES — ADDITIONAL  POUND-KEEP- 
ERS.] The  Pound-keeper  may  appoint  such  deputies  as  he 
may  from  time  to  time  deem  necessary  to  assist  in  carrying 
this  ordinance  into  effect,  for  whose  acts  said  Pound-keeper 
and  his  securities  shall  be  responsible;  and  it  shall  be  lawful 
for  the  Mayor  and  City  Council,  at  any  time  when  they  may 
think  the  interests  of  the  city  require  it,  to  appoint  additional 
Pound-keepers,  who,  when  so  appointed,  shall  be  subject  to 
all  the  provisions  of  this  chapter. 

§  11.  POUND-KEEPER'S  BOOK — PROCEEDS  OF  SALE.]  The 
Pound-keeper  shall  keep  a  book  which  shall  be  open  to  the 
inspection  of  any  and  all  persons,  in  which  he  shall  record  a 
description  of  all  animals  impounded,  with  date  of  the  im- 
pounding of  each,  and  the  owner's  name,  if  known,  and  also 
a  statement  of  what  disposition  is  made  of  such  animal,  when 
and  by  whom  redeemed,  or,  in  case  of  sale,  the  date  of  sale 
and  the  name  of  the  purchaser,  and  the  amount  received 
therefor;  and  said  Pound-keeper  shall  within  twenty  days 
after  every  sale  of  animals,  as  herein  provided,  pay  into  the 
city  treasury  all  moneys  received  by  him  in  excess  of  the  costs, 
fees  and  expenses  allowed  by  this  chapter. 

§  12.  SURPLUS  PROCEEDS  PAID  TO  OWNER.]  If  any  surplus 
proceeds  of  any  sale  shall  have  been  paid  into  the  city  treas- 
ury, as  provided  in  the  last  preceding  section,  the  owner 
of  the  animal  or  animals  so  sold  shall  be  entitled  to  receive 
such  surplus,  less  all  costs  and  charges  which  may  have  ac- 
crued to  the  officers  of  said  city,  including  costs  of  notices, 
upon  presenting  to  the  City  Council,  or  the  proper  committee 
thereof,  satisfactory  proof  of  his  ownership,  together  with  a 
certificate  of  the  Pound-keeper,  of  the  amount  of  such  sur- 
plus. 

§  13.  BREAKING  POUND,  ETC. — HINDERING  THE  IMPOUNDING 
OF  ANIMALS. — PENALTY.]  Whoever  shall  break  open  any  city 
pound  ;  or  shall  take  or  attempt  to  take  therefrom  any  im- 
pounded animal  without  the  Pound-keeper's  consent;  or  who- 
ever shall  hinder,  delay,  or  obstruct  the  taking  of  any  animal 
found  unlawfully  at  large,  to  the  pound,  or  shall  attempt  to 
prevent  the  impounding  thereof  in  any  manner,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 


CEMETERIES. 


§  14.  WRONGFUL  TAKING  OF  ANIMALS — PENALTY.]  Any 
person  who  shall  take  or  drive  any  animal  from  any  inclosed 
lot  or  tract  of  ground,  or  from  any  stable  or  other  building, 
or  from  outside  of  the  limits  of  said  city,  to  any  pound  in 
said  city,  or  with  intent  that  such  animal  may  be  impounded, 
shall  forfeit  and  pay  a  penalty  of  not  less  than  five  dollars  nor 
more  than  twenty  dollars  for  every  animal  so  driven  or  taken. 

§  15.  HERDING  OR  TYING  OUT  OF  ANIMALS.]  The  herding 
of  any  animal  of  the  species  mentioned  in  section  one  of  this 
chapter,  or  the  tying  out  of  the  same  to  graze  upon  any  street 
or  alley  of  said  city,  shall  be  deemed  a  running  at  large  with- 
in the  meaning  of  t^iis  chapter. 


CHAPTER  II. 

CEMETERIES. 

SECTION  1.  Lands  embraced  in  City  Cemetery. 

2.  Lands  to  be  laid  off  Into  lots  and  sold. 

3.  Commons  to  be  set  apart— penalty  for  burying  in  lot  of  another. 

4.  Manner  of  selling  and  conveying  lots. 

5.  Form  of  deed. 

6.  Treasurer  to  keep  records  and  accounts. 

7.  City  Sexton — appointment,  powers  and  duties. 

8.  Sexton  to  remove  bodies  interred  without  authority. 

9.  Sexton  to  keep  record  and  make  yearly  report. 
10.  Shooting,  trespassing,  etc. — penalty. 

"      11.    Going  or  remaining  upon  grounds  in  night  without  permission  of 
Sexton,  etc. 

SECTION  1.  LANDS  EMBRACED  IN  CITY  CEMETERY.]  The  tracts 
or  lots  of  land  purchased  by  the  city  of  Bloomington  of  Joseph 
Ramsey  and  wife,  Benjamin  Depew  and  wife,  and  Adaline 
Kimler,  and  particularly  described  in  the  deeds  from  them  to 
said  city,  recorded  in  the  recorder's  office  of  McLean  county, 
in  deed  book  P,  on  pages  308  and  504,  together  with  the 
grounds  used  as  a  cemetery  previous  to  said  purchases,  be  set 
apart  and  dedicated  to  cemetery  purposes  and  uses,  to  he  kept 
and  controlled  by  the  corporate  authorities  of  said  city. 

§  2.  LANDS  TO  BE  LAID  OFF  INTO  LOTS  AND  SOLD.]  Said  tracts 
of  lands,  and  any  other  that  may  hereafter  be  purchased  for 
cemetery  purposes,  or  as  an  addition  to  said  grounds,  may,  as 
the  Council  may  determine,  be  laid  oft*  into  lots  of  appropriate 
size,  and  surveys  and  plats  of  said  lots  shall  be  made,  under 
the  direction  of  the  City  Council,  which  surveys  and  plats  shall 
designate  the  lots  by  numbers,  and  be  filed  and  recorded  in 


ORDINANCES.  7 

the  recorder's  office  of  McLean  County ;  which  lots  shall  be 
sold  at  such  prices  as  the  City  Council  may  from  time  to  time 
direct :  Provided,  That  no  part  of  said  lands  shall  be  sold  or 
used  for  any  other  than  burial  purposes  and  the  same  shall  be 
taken  subject  to  such  regulations  as  the  City  Council  may  from 
time  to  time  establish  touching  the  management  of  said 
cemetery. 

§  3.  COMMONS  TO  BE  SET  APART — PENALTY  FOR  BURYING  IN 
LOT  OF  ANOTHER.]  A  portion  of  said  grounds  shall,  under  the 
direction  of  the  City  Council,  be  laid  off  and  designated  as 
"  commons,"  for  the  burial  of  strangers  and  the  friends  of 
persons  unable  to  purchase  lots ;  and  whoever  shall  dig  or 
cause  to  be  dug  any  grave  in  said  City  Cemetery,  or  any  other 
cemetery  within  said  city  upon  any  lot  not  the  property  of 
such  person,  unless  the  same  be  upon  the  strangers'  grounds 
or  "  commons,"  or  be  done  by  the  written  consent  of  the  owner 
of  such  lot,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars. 

§  4.  MANNER  OF  SELLING  AND  CONVEYING  LOTS.]  Any  person 
desiring  to  purchase  any  lot  shall  pay  the  price  thereof  to  the 
City  Treasurer,  who  shall  thereupon  give  such  purchaser  a  re- 
ceipt for  the  amount  paid,  in  which  receipt  shall  be  stated  the 
number  of  the  lot  proposed  to  be  purchased,  and  on  presenta- 
tion of  such  receipt  to  the  City  Clerk,  it  shall  be  the  duty  ot 
said  Clerk  to  prepare  a  deed  of  such  lot,  which  shall  be  signed 
by  the  Mayor  of  said  city  and  countersigned  by  said  Clerk,  and 
shall  be  executed  under  the  seal  of  the  city  of  Bloomington. 

§  5.  FORM  OF  DEED.]  All  deeds  to  cemetery  lots  may  be 
in  the  following  form  : 

"  The  City  of  Bloomington,  in  consideration  of dol- 
lars, to  the  said  city  paid  by ,  doth  hereby,  in  conform- 
ity with  the  oidinances  of  the  City  Council  of  said  city,  in 
such  case  made  and  provided,  give,  grant,  bargain,  sell  and 

convey  to  him,  the  said ,  lot  numbered in  the  plat 

of  the  cemetery,  as  laid  out  and  recorded  in  the  office  of  the 
City  Clerk,  and  in  the  office  of  the  Recorder  of  the  county  of 
McLean.  To  have  and  to  hold  the  same,  with  its  appurte- 
nances, unto  the  said ,  his  heirs  and  assigns  forever,  for 

the  purpose  of  burying  therein  his  or  their  dead,  and  for  no 
other  use,  intent  or  purpose  whatever  ;  subject,  nevertheless,  to 
such  general  rules  and  regulations  as  the  City  Council  of  said 
city  may  from  time  to  time  hereafter  establish. 

And  the  said  City  of  Bloomington  hereby  covenants  with 
the  said ,  his  heirs  and  assigns,  that  the  premises  des- 


8  CEMETERIES. 

ignated  as  the  cemetery   aforesaid,  shall  forever  be  kept  and 
preserved  as  a  place  for  the  burial  of  the  dead  of  said  city. 

In  witness  whereof,  the  Mayor  of  said  city  has  hereunto  set 
his  signature,  and  caused  the  seal  of  the  City  of  Bloomington 

to  be  affixed,  this day  of ,  A.  D.  18 . 

[L.  s.~| ,  MAYOR. 

Countersigned  : 
,  CITY  CLERK. 

§  6.  TREASURER  TO  KEEP  RECORDS  AND  ACCOUNTS.]  The 
City  Treasurer  shall  keep  a  record,  in  which  shall  be  recorded 
the  number  of  every  lot  heretofore  or  hereafter  surveyed  in 
the  cemetery,  beginning  with  number  one,  with  column  ruled 
therein  for  the  name  of  the  purchaser,  the  appraisal,  price 
sold  for,  and  date  of  sale.  Columns  shall  also  be  ruled  there- 
in for  any  re-appraisal  which  may  be  hereafter  made.  On  the 
sale  of  any  lot  he  shall  cause  a  proper  entry  to  be  made,  and 
for  the  neglect  of  this  duty  in  any  case  shall  be  subject  to  a 
penalty  of  ten  dollars.  He  shall  likewise  open  a  cemetery 
account,  in  which  shall  be  entered  all  monies  received  and 
expended  on  account  of  the  cemetery,  the  name  of  each  pur- 
chaser, date  of  purchase  and  the  number  and  price  of  lot ; 
and  all  orders  drawn  on  the  treasury  for  cemetery  purposes 
shall  be  designated  on  the  face  to  be  payable  out  of  the  cem- 
etery fund. 

§  7.  CITY  SEXTON  —  APPOINTMENT  —  POWERS  AND  DUTIES.  ] 
There  shall  be  annually  appointed  a  City  Sexton  who  shall  be 
ex  qfficio  a  special  policeman,  and  shall  qualify  as  such.  Said 
sexton  shall  have  charge  of  the  City  Cemetery,  and  shall  keep 
the  grounds,  walks  and  avenues  in  order  and  free  from  ob- 
structions. He  shall  enforce  all  ordinances  and  regulations 
ot  the  City  Council  respecting  said  cemetery,  and  report  vio- 
lations to  the  proper  officers  for  prosecution,  and  may  arrest 
any  person  found  hunting,  discharging  firearms,  or  doing  any 
unlawful  act  within  said  cemetery.  He  shall  prevent  the  burial 
of  any  body  in  any  unsold  lot,  or  in  the  lot  of  any  private  in- 
dividual, without  his  consent;  and  he  shall  superintend  all 
burials  in  the  commons  and  specify  their  manner  and  place, 
arid  by  night  he  shall  keep  the  gates  of  said  cemetery  closed 
and  locked.  He  shall  likewise  take  care  of  and  keep  in  good 
order  that  part  of  said  cemetery  set  apart  and  known  as  the 
soldiers'  burying  ground. 

§  8.  SEXTON  TO  REMOVE  BODIES  INTERRED  WITHOUT  AUTHOR- 
ITY.] It  shall  be  the  duty  of  said  Sexton,  under  the  di- 
rection of  the  Mayor  of  the  city,  to  cause  all  bodies  buried  in 
any  lot  without  proper  authority  to  be  removed  to  the  "  com- 


CITY   COUNCIL.  9 

mons,"  and  the  person  or  persons  making  or  causing  such  un- 
lawful interment  shall  be  liable  to  the  city  for  all  costs  and 
expenses  of  such  removal,  the  same  to  be  recovered  in  an  ac- 
tion of  debt  in  the  name  of  the  city  before  any  competent  tri- 
bunal. 

§  9.  SEXTON  TO  KEEP  RECORD  AND  MAKE  YEARLY  REPORT.] 
It  shall  be  the  duty  of  the  City  Sexton,  and  also  of  any  other 
sexton  or  person  in  charge  of  any  burying  ground  within 
said  city  to  severally  keep  books  of  record,  to  be  furnished 
by  the  city,  in  which  shall  be  recorded  the  name,  age,  sex, 
nationality  and  date  of  death  of  every  person  interred  in  the 
Cemetery,  or  grounds  for  which  such  record  is  kept,  and  also 
the  number  of  the  lot  where  such  person  is  buried,  and  at  the 
end  of  each  year  to  make  a  report  to  the  City  Council  in 
writing  embracing  all  the  above  particulars  and  covering  the 
year  for  which  such  report  is  made. 

§  10.  SHOOTING,  TRESPASSING,  ETC. — PENALTY.]  Whoever, 
within  the  City  Cemetery,  or  any  other  cemetery  or  burying 
ground  within  said  city,  shall  discharge  any  firearm,  or  be 
found  hunting  or  trespassing  upon  the  same,  or  shall  trespass 
upon  any  grave  within  said  city,  or  shall  refuse  to  obey  any  law- 
ful order  of  the  City  Sexton,  or  of  any  person  having  charge 
of  any  cemetery  or  burying  ground,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

§  11.  GOING  OR  REMAINING  UPON  GROUNDS  IN  THE  NIGHT  WITH- 
OUT PERMISSION  OF  SEXTON,  ETC.]  Whoever  shall  go  or  remain 
upon  the  grounds  of  the  City  Cemetery  or  any  burying  ground 
within  said  city  before  sunrise  in  the  morninir  or  after  sunset 
in  the  evening  without  permission  of  the  city  sexton  or  other 
person  in  charge'of  such  cemetery  or  burying  ground,  shall,  on 
conviction,  be  fined  not  less  than  three  dollars  nor  more  than 
fifty  dollars. 


CHAPTER  III. 
CITY  COUNCIL. 

SECTION  1.  Meetings  of  Council — regular  and  special. 

2.  Acting  Mayor  to  be  appointed  as  other  officers— Mayor  pro.  tern. 

3.  Bond  of  Mayor  and  Acting  Mayor. 

4.  Standing  Committees  of  Council. 

5.  Duties  of  Standing  ( 'ommittees. 
0.  Rules  ol  the  City  Council. 

SECTION  1.     MEETINGS  OF  COUNCIL — REGULAR   AND  SPECIAL.] 
A  regular  meeting  of  the  City  Council  of  the  city  of  Bloom- 

~~~it 


10  ORDINANCES. 

ington,  shall  be  held  on  Friday  evening  of  each  week  during 
the  year.  Special  meetings  may  be  called  by  the  Mayor  or  by 
a  quorum  of  the  Council  whenever  in  his  or  their  discretion 
it  may  be  deemed  necessary,  in  which  event  it  shall  be  the 
duty  of  the  City  Marshal  to  cause  all  members  of  said  Council 
within  the  city  to  be  duly  notified  of  such  special  meeting; 
and  the  attendance  of  members  upon  such  special  meetings 
may  be  compelled  by  the  Mayor. 

§  2.  ACTING  MAYOR  TO  BE  APPOINTED  AS  OTHER  OFFICERS — 
MAYOR  pro  tern.']  An  "Acting  Mayor"  shall  be  annually 
appointed  from  among  the  aldermen  of  the  city,  in  the  same 
manner  as  other  city  officers  are  appointed,  who,  when  the 
Mayor  is  absent  or  from  any  cause  unable  to  perform  the 
duties  of  his  office,  shall  be  vested  with  all  the  powers  and 
perform  all  the  duties  of  Mayor  for  the  time  being;  and  in 
case  of  the  absence  of  both  the  Mayor  and  Acting  Mayor, 
from  any  meeting  of  the  City  Council,  the  aldermen  present 
shall  elect  one  of  their  number  as  Acting  Mayor  pro  tern. 

§  3.  BOND  OF  MAYOR  AND  ACTING  MAYOR.]  The  Mayor 
and  Acting  Mayor  shall  each  give  bond  to  the  city  with 
security,  before  entering  upon  the  duties  of  their  respective 
offices — the  Mayor  in  the  sum  of  ten  thousand  dollars,  and 
the  Acting  Mayor  in  the  sum  of  five  thousand  dollars — each 
to  be  approved  by  the  City  Council,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  their  respective  offices. 

§  4.  STANDING  COMMITTEES  OF  COUNCIL.]  It  shall  be  the 
duty  of  the  Mayor  at  the  beginning  of  his  official  term  to 
appoint  twelve  standing  committees  of  the  City  Council,  each 
to  consist  of  not  less  than  three  aldermen,  which  shall  be  as 
follows : 

First — Committee  on  Finance. 

Second — Committee  on  Police  and  Gas. 

Third — Committee  on  General  Improvements. 

Fourth — Committee  on  Claims. 

Fifth — Committee  on  Fire  Department. 

Sixth — Committee  on  Sidewalks  and  Bridges. 

Seventh — Committee  on  Streets  and  Alleys. 

Eighth — Committee  on  Licenses. 

Ninth — Committee  on  Railroads. 

Tenth — Committee  on  Printing. 

Eleventh — Judiciary  Committee. 

Twelfth— Board  of  Health. 

§  5.  DUTIES  OF  STANDING  COMMITTEES.]  It  shall  be  the 
duty  of  the  standing  committees  of  the  Council  to  keep  a  close 
watch  of  the  aft'airs  of  their  respective  departments  of  the 


CITY   COUNCIL.  11 

city  government,  and  to  make  report  to  the  Council  of  what- 
ever facts  may  be  deemed  of  importance.  Each  committee 
shall  promptly  and  thoroughly  investigate  and  report  in 
writing  upon  all  matters  referred  to  it  by  the  Council,  and  do 
and  perform  such  other  and  further  duties  as  the  Council  may 
from  time  to  time,  by  ordinance  or  resolution,  prescribe. 

§  6.  RULES  OF  THE  CITY  COUNCIL.]  The  following  rules 
for  the  government  of  the  deliberations  of  the  City  Council, 
are  hereby  adopted,  to-wit: 

Rule  First.  The  regular  meetings  of  the  City  Council  of 
said  city,  from  and  after  March  20th  and  up  to  September  20th 
in  each  year,  shall  convene  at  the  hour  of  half-past  seven 
o'clock  P.  M.,  and  during  the  rest  of  the  year  at  the  hour  of 
seven  o'clock  P.  M.,  and  no  session  of  said  Council  shall  con- 
tinue longer  than  three  hours  unless  by  suspension  of  the 
rules. 

Rule  Second.  The  order  of  business  at  all  regular  sessions 
of  the  Council,  shall  be  as  follows: 

1.  Reading    minutes   of   previous    meeting    and    special 
meetings. 

2.  Reports  of  standing  committees. 

3.  Reports  of  special  committees. 

4.  Special  reports. 

5.  Unfinished  business. 

6.  Petitions. 

7.  Resolutions. 

8.  Miscellaneous  business. 

Rule  Third.  All  ordinances  and  alterations  of  grades  and 
plats  of  surveys  after  being  presented  and  read,  shall  lie  over 
one  week  before  final  action  shall  be  taken  thereon. 

Rule  Fourth.  No  member  shall  speak  more  than  twice  on 
any  question,  nor  more  than  ten  minutes  at  one  time,  except 
by  permission  of  the  Council. 

Mule  Fifth.  All  votes  of  the  Council  upon  the  passage  of 
ordinances,  and  upon  the  confirmation  of  officers  appointed  by 
the  Mayor,  shall  be  taken  by  ayes  and  noes,  and  be  entered 
by  the  Clerk  upon  the  records  of  the  city. 

Rule  Sixth.  All  petitions  and  other  communications  to  the 
Council  shall  be  in  writing ;  and  all  reports  of  committees  of 
the  Council  shall  be  made  upon  uniform  blanks,  to  be  pro- 
cured by  the  City  Clerk  at  the  expense  of  the  city,  and  furnished 
to  members  of  the  Council.  All  such  reports  shall  be  filed 
away  and  preserved  by  the  Clerk. 

Rule  Seventh.  On  all  points  not  herein  specially  provided 
for,  Cushing's  Manual  of  parliamentary  usage,  is  hereby 


12  ORDINANCES. 

adopted,  and  made  the  law  governing  all  deliberations  of  said 
council. 

Rule  Eighth.  The  Mayor,  or  presiding  officer  of  the  Council 
shall,  at  all  times,  enforce  the  strictest  parliamentary  dis- 
cipline. 

Rule  Ninth.  These  rules,  or  either  of  them,  m  ay  be  sus- 
pended by  the  unanimous  consent  of  all  the  aldermen  present, 
and  not  otherwise. 


CHAPTER  IV. 

DOGS. 

SECTION  1.  Dogs  to  be  registered— Tax. 

2.  Marshal  to  furnish  check  to  be  worn  on  collar,  etc. 

"        3.  Dog  to  wear  collar  with  name  of  owner. 

"        4.  Proclamation  of  Mayor,  etc. 

5.  Violations— penalty— nuisance. 

SECTION  1.  DOGS  TO  BE  REGISTERED — TAX.]  Every  person 
owning,  keeping,  or  harboring  any  dog  within  the  city  of 
Bloomington,  shall  forthwith,  after  the  publication  hereof,  or 
after  acquiring  such  dog,  if  not  now  owned,  register  the  same 
with  the  City  Marshal,  who  shall  keep  a  book  for  that  purpose, 
and  it  shall  be  the  further  duty  of  such  person  to  pay  to  said 
Marshal,  annually,  before  the  first  day  of  June  in  each  year, 
a  tax  of  one  dollar  for  each  male,  and  two  dollars  for  each 
female  of  the  dog  kind,  so  owned,  kept,  or  harbored  by  him. 

§  2.  MARSHAL  TO  FURNISH  CHECK  TO  BE  PLACED  ON  COLLAR, 
ETC.]  On  receipt  of  the  tax  provided  for  in  section  one  hereof, 
the  Marshal  shall  furnish  to  the  person  paying  the  same,  with- 
out charge,  at  the  expense  of  the  city,  a  metallic  check  for 
each  dog  on  which  tax  is  paid,  with  the  year  for  which  the 
tax  is  paid  plainly  marked  thereon,  which  check  such  person 
shall  cause  to  be  worn  upon  the  collar  of  such  dog. 

§    3.      DOG  TO  WEAR  COLLAR  WITH   NAME    OF  OWNER.]      It   shall 

further  be  the  duty  of  every  person  owning,  keeping,  or  har- 
boring any  dog,  as  aforesaid,  to  cause  such  dog  to  wear  about 
his  neck  a  collar,  on  which  shall  be  engraved  the  name  of  his 
owner  or  keeper,  and  no  dog  shall,  at  any  time,  be  suffered  to 
go  at  large  within  said  city  without  having  such  collar  upon 
his  neck. 

§  4.  PROCLAMATION  OF  MAYOR,  ETC.]  Whenever  the  Mayor 
of  said  city  shall  deem  it  advisable  for  the  prevention  of  hy- 
drophobia, he  may  issue  his  proclamation  requiring  all  dogs 


ELECTIONS.  13 

within  the  city  to  be  confined  or  to  be  muzzled,  as  he  may 
deem  best,  for  such  time  as  he  may  in  his  proclamation  desig- 
nate, and  during  the  time  so  designated,  it  shall  be  unlawful 
for  any  dog  to  go  at  large,  or  unmuzzled,  as  the  case  may  be, 
contrary  to  the  terms  of  such  proclamation. 

5.  VIOLATIONS — PENALTY — NUISANCE.]  Whoever  shall  own, 
keep,  or  harbor  any  dog,  within  said  city,  and  shall  fail  or 
refuse  to  register  the  same,  or  to  pay  the  tax  thereon,  or  to 
place  a  collar  thereon  with  his  name  upon  the  same,  as  herein 
above  provided,  or  to  confine  or  muzzle  the  same  in  accord- 
ance with  any  proclamation  issued  by  the  Mayor,  or  shall  fail 
or  refuse  to  comply  with  any  provision  of  any  ordinance  of 
said  city  touching  dogs,  shall  be  fined  three  dollars,  and  every 
dog  respecting  which  all  requirements  of  this  chapter  are  not 
complied  with,  is  hereby  declared  to  be  a  nuisance,  and  shall, 
upon  conviction  of  the  owner,  keeper,  or  harborer  thereof,  be 
abated,  by  killing  such  dog  in  such  manner  and  by  such 
means  as  may  be  deemed  easiest  and  best. 


CHAPTER  V. 
ELECTIONS. 

SECTION    1.  Election— when  to  be  holden— notice  of. 

2.  Judges  of  election — appointment  and  oath. 

3.  Voting  to  be  by  ballot — returns  made — tie. 

4.  Manner  of  deciding  tie  vote. 

5.  Time  of  opening  and  closing  polls— Proclamation. 

6.  Ballot  boxes— judges  to  examine  and  lock. 

7.  Poll  books  to  be  provided — manner  of  keeping,  etc. 

8.  Manner  of  canvassing  ballots. 

9.  Returns  of  election— form. 

SECTION  1.  ELECTION — WHEN  TO  BE  HOLDEN — NOTICE  or.] 
An  election  shall  be  held  annually  for  city  officers  in  each  ward 
of  the  city  of  Bloomington  on  the  third  Monday  in  Apri1,  at 
such  place  as  shall  be  designated  by  the  Council  of  said  city, 
of  which  the  City  Clerk  shall  give  at  least  ten  days  previous 
notice,  by  written  or  printed  notices,  and  it  shall  be  the  duty 
of  the  Marshal  to  post  such  notices  in  three  of  the  most  public 
places  in  each  wTard.  Special  elections  to  fill  any  vacancy 
caused  by  death,  resignation,  or  other  cause,  shall  be  conducted 
in  the  same  way,  and  upon  the  same  public  notice  as  general 
elections. 

§  2.  JUDGES  OF  ELECTION — APPOINTMENT  AND  OATH.]  The 
City  Council  shall  annually,  ten  days  before  any  city  election, 
appoint  three  judges  of  election  in  each  ward,  who  shall  select 


14  ORDINANCES. 

two  clerks ;  said  judges  shall  be  sworn  to  discharge  faithfully 
their  duties.  If  no  person  shall  be  present  at  the  opening  of 
the  polls  authorized  to  administer  oaths,  it  shall  be  lawful  for 
the  judges,  or  either  of  them,  to  administer  the  same  to  each 
other  and  to  the  clerks.  The  oaths,  when  thus  administered, 
shall  be  certified  by  the  judge  or  judges  administering  the 
same,  and  prefixed  to  the  poll  books. 

§  3.  VOTING  TO  BE  BY  BALLOT — RETURNS  MADE — TIE.]  All 
voting  at  city  elections  shall  be  by  ballot:  the  judges  and 
clerks  shall  make  out  and  transmit  sealed  returns  of  the  elec- 
tion in  each  ward  to  the  City  Clerk  on  the  day  after  the  elec- 
tion ;  and  whenever  there  shall  be  a  tie  in  the  ballots  cast  for 
any  city  officer  at  any  election,  the  judges  of  such  election 
shall  certify  the  fact  to  the  Mayor  of  the  city  who,  in  the  pres- 
ence of  the  City  Council,  shall  proceed  to  determine  the  same 
by  lot  as  hereinafter  provided. 

§  4.  MANNER  OF  DECIDING  TIE  VOTES.]  The  manner  of  de- 
termining tie  votes  shall  be  as  follows  : 

When  the  tie  vote  is  cast  for  any  officer,  except  the  Mayor, 
due  notice  of  the  time  and  place  having  been  given,  the 
Mayor  shall  proceed  in  the  presence  of  the  aldermen  of  said 
city,  or  a  majority  of  them,  to  determine  by  lot  who  shall  fill 
the  office,  the  ballots  for  which  are  a  tie  as  aforesaid,  by  making 
a  number  of  similar  ballots  equal  to  the  number  of  persons  so 
having  a  tie,  and  on  one  of  said  ballots  he  shall  write  the 
name  of  the  office,  the  ballots  for  which  shall  be  a  tie  as  afore- 
said, leaving  the  other  ballots  blank,  and  put  all  of  said  bal- 
lots in  a  convenient  box  or  place,  from  which  each  of  the  per- 
sons so  having  a  tie  shall  draw  one  ballot,  and  the  person  draw- 
ing the  ballot  with  the  name  of  the  office  written  thereon,  shall 
be  declared  by  the  City  Council  to  be  elected  ;  and  if  any  per- 
son so  having  received  a  tie  as  aforesaid,  after  being  duly  no- 
tified, shall  absent  himself  from  the  place  of  meeting,  the 
Mayor  shall  draw  a  ballot  for  such  perso  n.  When  two  or 
more  persons  shall  have  an  equal  number  of  votes  for  the  office 
of  Mayor,  the  City  Clerk  shall  certify  the  same  to  the  City 
Council,  who  shall  proceed  to  determine  the  same  by  lot,  by 
making  a  number  of  similar  ballots  equal  to  the  number  of 
persons  having  an  equal  number  of  votes  for  Mayor,  and  on 
one  of  them  he  shall  write  the  word  "Mayor,"  and  put  them 
into  some  convenient  box  or  place,  and  the  persons  so  having 
an  equal  number  of  votes  shall  each  draw  one  ballot,  and  the 
person  drawing  the  ballot  with  the  word  "Mayor"  so  written 
on,  shall  be  the  Mayor.  In  case  of  the  absence  of  any  such 


FEES   AND   SALARIES.  15 

person,  having  notice  of  the  time  and  place  of  the  meeting, 
it  shall  be  the  duty  of  the  city  clerk  to  draw  for  such  person. 

§    5.      TlME  OF  OPENING   AND    CLOSING   POLLS — PROCLAMATION.] 

The  polls  shall  be  opened  at  the  hour  of  eight  o'clock  in  the 
morning  and  continue  open  until  seven  o'clock  in  the  after- 
noon of  the  same  day,  at  which  time  the  polls  shall  be  closed. 
Upon  opening  the  polls,  one  of  the  judges  or  clerks  of  election 
shall  make  proclamation  that  the  polls  are  open,  and  at  least 
thirty  minutes  before  closing  the  polls  proclamation  shall  be 
made  in  like  manner  that  the  polls  will  be  closed  in  half  an 
hour. 

§  6.  BALLOT  BOXES — JUDGES  TO  EXAMINE  AND  LOCK.]  A  bal- 
lot box  shall  be  provided  for  the  use  of  the  judges  of  each 
ward,  with  a  lock  and  key,  and  in  the  top  or  lid  an  aperture 
not  larger  than  shall  be  necessary  to  receive  a  single  folded 
ballot.  On  the  opening  of  the  polls,  the  judges  shall  examine 
the  ballot  boxes,  and  have  them  closed  and  locked  in  the  pres- 
ence of  all  the  spectators. 

§    7.      POLL  BOOKS  TO  BE  PROVIDED — MANNER  OF  KEEPING,  ETC.] 

The  City  Clerk  shall  provide  two  poll  books  for  each  ward, 
with  columns  ruled  for  the  name  and  numerical  designation  of 
each  elector ;  which  poll  books  may  be  in  the  following  form, 
to- wit : 

POLL  BOOK 

Of  an  election  held  in  the ward  of  the  city  of  Blooming- 
ton,  at  the in  said  ward,  on  the  third  Monday  of  April,  in 

the  year  18 — ,  as  follows,  to-wit : 


Number. 

Names  of  Voters. 

Number. 

Names  of  Voters, 

1 
3 

A.  B. 
C.  D. 
E,  F. 

37 
38 
40 

R.  S. 
T.  U. 
V.  W. 

The  poll  books  shall  be  kept  by  the  clerks,  and  the  names 
of  voters  shall  be  written  and  numbered  in  the  order  in  which 
they  vote.  No  returns  shall  be  rejected  for  any  defect  in  the 
manner  of  administering  or  entering  the  oath  aforesaid  in  the 
returns. 

§  8.  MANNER  OF  CANVASSING  BALLOTS.]  The  judges  and 
clerks  shall  count  the  ballots.  No  ballot  shall  be  rejected  for 
want  of  form,  if  the  judges  can  determine  therefrom  to  their 
satisfaction  the  person  intended  to  be  voted  for,  and  the  office 
which  the  voter  intended  such  person  should  fill.  The  clerk 


16  ORDINANCES. 

shall  mark  down  the  votes  each  candidate  shall  receive,  and 
the  office  for  which  he  shall  be  designated  in  the  ballot. 

§  9.  RETURNS  OF  ELECTION — FORM.]  The  clerks  shall  each 
make  out  returns  of  the  election  by  writing  at  full  length  the 
name  of  every  person  voted  for,  the  office  for  which  he  shall 
be  designated,  and  the  number  of  votes  received  by  him.  Re- 
turns may  be  in  the  following  from  : 

"At  an  election  held  at ,  in  the ward  of  the 

city  of  Bloomington,  in  the  State  of  Illinois,  in  the  year  eigh- 
teen hundred  and ,  the  following  named  persons  received 

the  number  of  votes  annexed  to  their  respective  names,  for 
the  following  described  offices,  to- wit : 

A.  B.  had votes  for  Mayor. 

C.  D.  had votes  for  Mayor. 

(And  so  on  through  the  whole  list  of  offices  voted  for  at  the 
election.) 

Certified  by  us,  Bloomington,  April ,  18 . 


G\IL'  1  Clerks  of  Election. 


y  Judges  of  Election. 

Attest : 
G.  II 
I.J.,  / 


CHAPTER  VI. 

FEES  AND  SALARIES. 

SECTION  l.  Compensation  of  Mayor  and  aldermen. 

2.  Fees  of  Marshal  and  policemen. 

3.  Fees  of  jurors. 

4.  Fees  of  witnesses. 

5.  Pay  of  judges  and  clerks  of  election. 

6.  Fees  for  impounding  and  feeding  animals. 

7.  Fees  of  City  Sexton. 

8.  Fees  of  oil  inspectors. 

9.  Fees  of  Inspector  of  Weights  and  Measures. 

10.  Fees  of  City  Measurer. 

11.  Fees  of  City  Weigher. 

12.  Compensation  of  other  city  officers. 

13.  How  salaries  paid. 

SECTION  1.  COMPENSATION  OF  MAYOR  AND  ALDERMEN.]  The 
Mayor  of  the  city  of  Bloomington  shall  receive  an  annual 
salary  of  five  hundred  dollars  ;  and  each  alderman  of  the  city 
shall  receive  for  his  services  the  sum  of  three  dollars  per  night 
for  each  meeting  actually  attended  by  him. 

§  2.  FEES  OF  MARSHAL  AND  POLICEMEN.]  The  fees  of  the 
City  Marshal  and  members  of  the  police  force  of  the  city  tor 
serving  process  shall  be  the  same  as  are  by  the  statutes  of  the 


FEES   AND    SALARIES.  17 

State  of  Illinois  allowed  to  constables  of  McLean  county  for 
like  services  ;  and  it  shall  be  tbe  duty  of  said  Marshal  and 
members  of  the  police  force  to  see  to  the  collection  of  all  fees 
due  them  for  serving  process  and  otherwise,  where  the  same 
is  collectible,  and  to  account  for  the  same  to  the  city. 

§  3.  FEES  OF  JURORS.]  Every  juror  serving  on  a  petit 
jnry  before  a  police  magistrate  of  said  city,  or  before  any  jus- 
tice for  the  recovery  of  any  penalty  or  fine  incurred  for  the 
violation  of  an  ordinance,  shall  receive  the  sum  of  fifty  cents 
per  day,  the  same  to  be  advanced  by  the  defendant  demanding 
a  jury  in  the  cause. 

§  4.  FEES  OF  WITNESSES.]  Each  witness  attending  before 
any  police  magistrate  or  justice  of  the  peace,  in  trials  for  vio- 
lations of  ordinances  shall  receive  the  sum  of  fifty  cents  per 
day. 

§  5.  PAY  OF  JUDGES  AND  CLERKS  OF  ELECTIONS.]  Judges  and 
clerks  of  city  elections  shall  receive  for  their  services  the  sum 
of  three  dollars  per  day  each  ;  and  where  a  registration  is  re- 
quired the  same  shall  be  paid  to  the  clerks  for  making  registry. 

§  6.  FEES  FOR  IMPOUNDING  AND  FEEDING  ANIMALS.]  For 
impounding  and  feeding  animals  at  large  contrary  to  ordinance, 
the  following  fees  shall  be  allowed  : 

For  taking  up  and  impounding  geese,  the  sum  often  cents 
per  head. 

For  taking  up  and  impounding  any  other  species  of  animal, 
the  sum  of  twent}r-five  cents  per  head. 

To  the  Pound-keeper  for  keeping  and  feeding  geese  within 
the  pound,  the  sum  of  five  cents  per  day  per  head. 

To  the  Pound-keeper  for  keeping  and  feeding  hogs,  shoats 
and  pigs  within  the  pound,  the  sum  of  fifteen  cents  per  day 
per  head. 

To  the  Pound-keeper  for  keeping  and  feeding  any  and  all 
other  animals  impounded,  the  sum  of  twenty-five  cents  per 
day  per  head. 

To  the  Pound-keeper  for  receiving  animals  taken  up  and 
driven  to  the  pound  by  any  policeman  or  other  authorized 
person,  the  following  sums  : 

For  receiving  geese,  five  cents  per  head. 

For  receiving  other  animals,  ten  cents  per  head. 

To  the  Pound-keeper  for  advertising  and  selling  any  animal 
to  satisfy  any  judgment,  the  same  fees  and  commissions  as  are 
allowed  by  the  statutes  of  Illinois  to  constables  of  McLean 
county  for  advertising  and  selling  property  under  execution. 

Provided:  That  in  no  case  shall  the  City  Marshal  or  any 
policeman  receive  any  fees  for  taking  up  or  impounding 

—3 


18  ORDINANCES. 

animals  ;  but  the  Pound-keeper  shall  in  the  case  of  such  officers 
collect  the  usual  fees  and  pay  them  over  to  the  city. 

§  7.  FEES  OF  CITY  SEXTON.]  The  City  Sexton  shall  be  en- 
titled to  demand  and  receive  the  following  fees,  to-wit : 

For  each  interment  of  the  body  of  a  person  under  ten  years 
of  age,  two  dollars. 

For  each  interment  of  the  body  of  a  person  above  ten  years 
of  age,  four  dollars. 

AVhich  fees  shall  be  paid  by  the  person  requiring  his  services 
and  shall  be  in  addition  to  the  salary  allowed  by  the  City 
Council  to  said  Sexton. 

§  8.  FEES  OF  OIL  INSPECTORS.]  Inspectors  of  oil  and  burning 
fluid  shall  receive  as  fees,  to  be  paid  by  those  requiring  their 
services  :  For  each  package,  cask  or  barrel,  when  inspected 
in  quantities  of  less  than  a  car  load,  ten  cents ;  when  inspected 
in  quantities  of  a  car  load  or  more,  five  cents  ;  when  inspected 
in  tank,  at  the  rate  of  five  cents  per  forty  gallons. 

§  9.  FEES  OF  INSPECTOR  OF  WEIGHTS  AND  MEASURES.]  The 
fees  of  the  Inspector  of  Weights  and  Measures  of  the  city  of 
Bloomington  shall  be  as  follows,  to  be  paid  by  those  requiring 
his  services,  to-wit : 

For  inspecting  and  stamping  platform  scales  of  five  thousand 
pounds  or  more,  including  weights,  one  dollar  each. 

For  inspecting  and  stamping  platform  scales  of  less  denom- 
ination, including  weights,  fifty  cents  each. 

For  inspecting  and  stamping  large  beams  of  one  thousand 
pounds  capacity,  or  more,  including  weights,  twenty-five  cents 
each  ;  those  of  smaller  capacity,  fifteen  cents  each. 

For  inspecting  and  stamping  counter  scales  and  balances, 
including  weights,  fifteen  cents  each. 

For  inspecting  and  stamping  an  entire  set  of  dry  measures, 
twent}*-five  cents ;  for  a  less  number,  each  measure,  ten  cents. 

For  inspecting  and  stamping  an  entire  set  of  wine,  liquid 
or  beer  measures,  twenty-five  cents;  for  a  less  number,  each 
measure,  five  cents. 

For  linear  measures,  each  yard,  five  cents.  Provided,  That 
not  exceeding  twenty-five  cents  shall  be  charged  any  business 
house  for  a  single  inspection. 

To  the  above  fees  may  be  added  in  any  case  necessary  drayage 
of  standards  not  to  exceed  fifty  cents,  together  with  reasonable 
charges  for  correcting  erroneous  weights  and  measures,  if  done 
at  the  request  of  the  owner. 

§  10.  FEES  OF  CITY  MEASURER.]  The  City  Measurer  shall 
receive  for  the  inspection  and  measurement  of  lumber,  ten  cents 
per  thousand  feet;  for  the  measurement  of  other  building 


FEES   AND   SALARIES.  19 

material  or  mechanical  work,  fifty  cents  per  hour,  including 
the  time  of  going  to  and  from  the  place  where  such  material 
or  work  may  be  situated.  One-half  of  all  fees  provided  for  in 
this  section  shall  be  paid  by  each  of  the  contracting  parties. 

§  11.  FEES  OP  CITY  WEIGHER.]  The  City  Weigher  shall  de- 
mand and  receive  the  following  fees,  to-wit : 

For  each  car  load  of  any  article  weighed,  seventy-five  cents. 

For  each  draught,  when  the  whole  amount  to  be  weighed 
is  less  than  a  car  load,  ten  cents. 

Any  city  weigher  who  shall  demand  or  receive  any  greater 
sum  for  weighing  than  herein  provided,  shall  be  fined  ten 
dollars. 

§  12.  COMPENSATION  OF  OTHER  CITY  OFFICERS.]  All  city 
officers  whose  salaries  or  compensation  is  not  fixed  by  law  or 
ordinance,  shall  receive  such  compensation  as  the  City  Council 
may  by  ordinance,  resolution  or  otherwise  allow,  the  same  to 
be  paid  monthly  by  order  of  said  Council.  Provided,  That  said 
Council  shall  fix  the  compensation  of  every  such  officer  before 
he  enters  upon  his  official  term,  which  compensation  shall  not 
be  increased  nor  diminished  during  such  officers'  term  of  office. 

§  13.  How  SALARIES  PAID.]  All  salaries  of  officers  shall 
be  paid  by  allowance  of  the  City  Council,  and  in  no  case  shall 
any  officer  retain  any  money  belonging  to  the  city  collected 
by  him,  in  payment  of  any  salary  which  may  be  due  him  from 
the  city,  unless  expressly  authorized  so  to  do  by  ordinance. 


20  ORDINANCES. 


CHAPTER 

FIRE  DEPARTMENT. 
DIVISION  1.— COMPOSITION  AND  RULES. 
DIVISION  2. — FIRE  LIMITS. 

DIVISION  1. 
Composition  and  Rules. 

SECTION  1.  Composition  of  fire  department. 

2.  Chief  Engineer's  duties — to  have  control  of  property,  etc. 

3.  Chief  Engineer  to  look  after  property,  etc. 

4.  Chief  Engineer  to  have  command  at  fires,  etc. 

5.  Who  to  command  in  absence  of  Chief  Engineer. 

6.  Duties  of  engineers. 

7.  Amount  of  steam  carried — water  guages — signals. 

8.  Duties  of  drivers. 

9.  Duties  of  other  members. 

10.  Deportment  of  members. 

11.  Intoxicating  liquors. 

12.  Intoxication  of  members. 

13.  Police  force  to  assist. 

14.  Violation— penalty. 

SECTION  1.  COMPOSITION  OF  FIRE  DEPARTMENT.]  The  fire 
department  of  the  city  of  Bloomington  shall,  until  otherwise 
ordered  by  the  City  Council,  consist  of  one  Chfef  Engineer  of 
the  fire  department,  and  two  fire  companies,  to  be  designated 
respectively  as  No.  1  and  No.  2 ;  each  of  wKich  companies 
shall  be  composed  of  members  as  follows  :  one  engineer,  one 
stoker  or  fireman,  one  driver  of  engine,  one  driver  of  hose- 
cart,  and  six  hosemen. 

§  2.  CHIEF  ENGINEER'S  DUTIES — TO  HAVE  CONTROL  OF  PROP- 
ERTY, ETC.]  The  Chief  Engineer  of  the  fire  department  shall, 
under  the  Mayor,  be  the  chief  executive  officer  of  the  depart- 
ment, subject  to  the  rules,  regulations  and  orders  of  the  com- 
mittee on  fire  department  and  the  City  Council,  and  shall  have 
under  such  conditions  sole  control  and  command  of  all  prop- 
erty belonging  to  the  department,  and  of  all  subordinates  in 
the  service.  He  shall  enforce  the  faithful  observance  of  the 
ordinances  of  the  city  and  the  orders  of  the  committee  on  fire 
department. 

§  3.  CHIEF  ENGINEER  TO  LOOK  AFTER  PROPERTY,  ETC.]  It 
shall  be  the  duty  of  the  Chief  Engineer  to  see  that  the  engines, 
horses,  and  all  property  and  apparatus,  provided  for  the  use 
of  the  fire  department,  is  protected  from  violence  and  kept 
clean  and  in  perfect  condition  for  immediate  use. 


FIRE   DEPARTMENT.  21 

§  4.  CHIEF  ENGINEER  TO  HAVE  COMMAND  AT  FIRES,  ETC.]  At 
all  fires  the  Chief  Engineer  shall  have  sole  command  ;  and  all 
members  of  the  fire  department,  and  all  policemen  of  the  city 
shall,  during  the  continuance  of  any  fire,  be  subject  to  his 
orders ;  he  may,  when  deemed  necessary  for  the  extinguish- 
ment of  any  fire,  call  to  his  aid  any  person  present,  and  it 
shall  be  the  duty  of  every  person  so  called  upon  by  the  Chief 
Engineer,  to  render  prompt  assistance. 

§    5.       WHO    TO     COMMAND    IN    ABSENCE    OF    CHIEF   ENGINEER.] 

The  chief  engineer  shall  designate  some  discreet  and  compe- 
tent member  of  the  fire  department,  who  shall  have  command 
at  all  fires  from  which  such  chief  engineer  may  from  any 
cause  be  absent,  and  when  so  designated,  and  the  members  of 
the  fire  department  duly  notified  thereof,  he  shall  exercise 
like  powers  as  might  be  exercised  by  the  chief  engineer  if 
present. 

§  6.  DUTIES  OF  ENGINEERS.]  The  engineers  shall  have  the 
control  and  management  of  their  respective  steamers,  and 
shall  be  held  responsible  for  their  good  condition.  They  shall 
keep  said  steamers  always  ready  and  in  order  for  immediate 
use.  Each  engineer  shall  direct  and  superintend  the  stoker 
of  his  engine  in  the  performance  of  his  duties  upon  and  about 
such  engine,  and,  when  practicable,  shall  give  him  instruc- 
tions with  regard  to  the  construction  and  care  of  the  engine. 
Each  engineer  shall  keep  his  engine,  as  also  the  room  in  which 
it  is  kept,  clean  and  neat,  and  shall  report  to  the  chief  engi- 
neer all  repairs  which  may  be  needed. 

§  7.  AMOUNT  OF  STEAM  CARRIED — WATER  GAUGES — SIGNALS.] 
Each  engineer  shall  carry  the  amount  of  steam  in  his  engine 
required  by  the  chief  engineer ;  in  no  case,  however,  to  ex- 
ceed one  hundred  and  twenty  pounds ;  he  shall  examine  the 
water  gauge  of  his  engine  at  least  twice  a  day,  while  in  the 
engine  house,  and  shall,  at  all  times,  have  two  full  gauges  of 
water  in  his  engine  ;  always  immediately  previous  to  starting 
the  water  through  the  hose,  he  shall  as  a  signal  blow  the 
whistle  once  ;  when  the  hose  bursts  or  a  hoseman  is  needed 
for  any  purpose,  he  shall  blow  the  whistle  twice,  and  the 
officer  in  command  shall  have  the  signal  promptly  answered. 

§  8.  DUTIES  or  DRIVERS.]  Each  driver  of  engine  shall 
obey  the  orders  of  the  engineer  of  the  engine  he  drives,  sub- 
ject to  the  supervision  of  the  Chief  Engineer;  he  shall  keep 
the  horses,  harness,  and  stable,  in  a  clean  and  neat  condition, 
giving  the  horses  daily  exercise,  but  without  in  any  case  un- 
necessarily running  the  same ;  and  each  driver  of  hose-cart 
shall  perform  like  duties  respecting  the  horse  or  horses  in 


22  ORDINANCES. 

his  charge,  and  shall,  in  addition,  keep  the  hose  in  good  con- 
dition for  immediate  use. 

§  9.  DUTIES  OF  OTHER  MEMBERS.]  All  members  of  the  fire 
department  shall,  upon  alarm  being  given,  repair  speedily  to 
the  scene  of  the  fire,  and  there  perform  their  duties  in  a 
prompt  and  orderly  manner;  and  in  no  case  shall  any  mem- 
ber leave  the  scene  of  a  fire  without  permission  of  the  Chief 
Engineer. 

§  10.  DEPORTMENT  OF  MEMBERS.]  In  conduct  and  deport- 
ment all  members  of  the  tire  department  must  be  quiet,  civil 
and  orderly,  maintaining  strict  decorum  in  the  performance 
of  duties ;  and  they  shall,  at  all  times,  refrain  from  the  use 
of  harsh,  violent,  profane  or  insolent  language. 

§  11.  INTOXICATING  LIQUORS.]  No  intoxicating  liquors  of 
any  kind  shall  be  kept,  drank,  or  allowed,  in  or  about  any 
engine-house,  or  at,  or  in  the  vicinity  of,  any  engine  or  appa- 
ratus, during  a  fire ;  and  for  every  violation  of  this  section 
the  offender  shall  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars;  and  if  a  member  of  the  department,  it 
shall  be  deemed  sufficient  ground  for  discharge. 

§  12.  INTOXICATION  OF  MEMBERS.]  Any  member  of  the 
fire  department,  who  shall,  at  any  time,  be  in  a  state  of  in- 
toxication, shall  be  fined  not  less  than  ten  dollars  nor  exceed- 
ing fifty  dollars,  and  such  intoxication  shall  be  deemed  suffi- 
cient ground  for  discharge. 

§  13.  POLICE  FORCE  TO  ASSIST.]  The  police  force  of  the 
city  shall  co-operate  with  the  fire  department  in  the  extin- 
guishment of  fires  and  the  performance  of  their  duties  gene- 
rally, particularly  in  carrying  any  alarm  of  fire  to  the  respec- 
tive engine  houses.  The  City  Marshal  shall  superintend  the 
performance  of  the  duties  prescribed  in  this  section,  during 
the  day  time,  and  the  captain  of  the  night  police  at  night. 

§  14.  VIOLATION — PENALTY.]  For  each  violation  of  any 
provision  of  the  preceding  sections  hereof,  for  which  no 
penalty  is  fixed,  the  person  offending  shall  be  fined  not  ex- 
ceeding one  hundred  dollars  ;  and  where  the  offender  is  a 
member  of  the  fire  department,  the  Chief  Engineer  shall  re- 
port the  case  to  the  Mayor  and  City  Council  for  their  action. 


FIRE   DEPARTMENT,  23 

DIVISION  2. 
Fire  Limits. 

SECTION  1.    Boundaries  of  fire  limits. 

2.    Wooden  buildings  in  fire  limits— Penalty. 
"  3.    Unlawful  building — Nuisance. 

SECTION  1.  BOUNDARIES  OF  FIRE  LIMITS.]  All  that  part  of 
the  city  of  Bloomington  embraced  within  the  following  bound- 
aries shall  hereafter  be  known  as  the  fire  limits  of  said  city; 
that  is  to  say  : 

Beginning  at  a  point  in  the  center  of  the  track  of  the  In- 
dianapolis, Bloomington  &  Western  Railroad,  due  south  of  the 
west  line  of  East  street,  in  said  city,  running  thence  due  north 
through  the  center  of  the  blocks  between  Main  and  Albert 
streets,  and  up  and  along  the  said  west  line  of  East  street  to 
the  intersection  of  said  line  with  the  north  line  of  Grove  street ; 
thence  east  along  said  north  line  of  Grove  street  to  its  inter- 
section with  the  west  line  of  Prairie  street :  thence  north  along 
said  west  line  of  Prairie  street  to  its  intersection  with  the 
south  line  of  Mulberry  street;  thence  west  along  said  south 
line  of  Mulberry  street  to  a  point  due  south  of  the  west  line 
of  East  street,  as  the  same  extends  northward  from  said  Mul- 
berry street;  thence  north  across  said  Mulberry  street  and 
along  said  west  line  of  East  street  to  the  point  of  its  inter- 
section with  the  south  line  of  Locust  street ;  thence  west  along 
said  south  line  of  Locust  street  to  its  intersection  with  the 
east  line  of  Center  street ;  thence  south  along  said  east  line  of 
Center  street  to  its  intersection  with  the  south  line  of  Mul- 
berry street;  thence  west  along  said  south  line  of  Mulberry 
street  to  the  point  of  its  it  tersection  with  the  east  line  of 
West  street ;  thence  south  along  said  east  line  of  West  street  to 
the  point  of  its  intersection  with  the  north  line  of  Olive  street; 
thence  east  along  said  north  line  of  Olive  street  to  the  point 
of  its  intersection  with  the  east  line  of  Center  street ;  thence 
south  along  said  east  line  of  Center  street  to  a  point  in  the 
center  of  the  track  of  the  said  Indianapolis,  Bloomington  & 
Western  Railroad  ;  thence  southeasterly  along  the  center  of 
said  track  to  the  place  of  beginning. 

§  2.  WOODEN  BUILDING  IN  FIRE  LIMITS — PENALTY.]  Who- 
ever shall  construct,  erect,  enlarge,  repair,  orremovefrom  one 
place  to  another  within  the  fire  limits  of  the  city,  or  shall  re- 
move from  without  said  limits  within  the  ^ame  any  building 
or  structure,  or  part  of  any  building  or  structure,  the  outer  or 
party  Avails  of  which  are  in  whole  or  in  part  composed  of  wood, 


24  ORDINANCES. 

or  shall  build  or  attach  any  wooden  cornice  or  other  wooden 
addition  to  or  upon  any  building  or  structure  now  or  hereafter 
being  within  said  fire  limits  without  permission  first  obtained 
from  the  City  Council,  shall  on  conviction  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 
§  3.  UNLAWFUL  BUILDING — NUISANCE.]  Every  building  or 
structure  or  part  of  any  building  or  structure  constructed,  en- 
larged, repaired,  removed  or  in  process  thereof,  and  even- 
wooden  cornice,  or  other  wooden  addition  to  any  building 
built  or  constructed,  or  in  process  of  building  or  construction, 
in  violation  of  the  next  preceding  section-  of  this  division  is 
hereby  declared  to  be  a  nuisance,  and  in  addition  to  the  fine 
prescribed  in  said  section  any  such  unlawful  building,  structure, 
cornice  or  addition,  as  also  the  person  responsible  for  the 
same,  may  be  further  proceeded  against,  as  provided  in  the 
chapter  of  the  ordinances  of  said  city  entitled  nuisances. 


CHAPTER  VHL 

GRADES. 

SECTION  1.  Base  plane  for  grades. 

2.  Grades  at  center  lines  of  streets,  etc. 

3.  Grades  of  building  lines  and  sidewalks. 

4.  Construction  of  sidewalks— commissioner's  report. 

5.  Sidewalk  off  srade — nuisance. 

6.  Grades  established. 

7.  Construction. 

SECTION  1.  BASE  PLANE  FOR  GRADES.]  All  grades  within 
the  city  of  Bloomington  shall  be  reckoned  and  computed  from 
a  base  or  datum  plane  one  hundred  and  twenty  feet  below  the 
top  of  the  water  table  of  the  Ashley  House  at  the  northwest 
corner  of  Center  and  Jefferson  streets,  in  said  city;  from 
which  plane  the  grades  herein  fixed  and  established  are  com- 
puted, said  plane  being  counted  zero,  and  the  figures  in  each 
case  showing  the  number  of  feet  and  decimal  fractions  of  feet 
that  each  grade  is  above  the  said  base  or  datum  plane. 

§  2.  GRADES  AT  CENTER  LINES  OF  STREETS,  ETC.]  The  grades 
of  said  city  shown  by  the  figures  hereinafter  contained,  are 
at  the  center  lines  of  the  streets  for  which  they  are  given,  and 
at  the  several  points  named  upon  said  lines,  and  where  grades 
are  given  at  the  intersection  of  streets,  unless  otherwise  ex- 
pressly stated,  the  point  designated  shall  be  understood  to  be 


GRADES.  25 

the  intersection  of  the  center  lines  of  such  streets,  or  the 
point  where  said  lines  would  intersect  if  extended. 

§  3.  GRADE  OF  BUILDING  LINES  AND  SIDEWALKS.]  The  outer 
and  building  lines  of  the  streets  of  said  city,  shall  be  respec- 
tively as  near  as  practicable  of  the  same  height  of  grade  as 
the  center  of  their  respective  streets,  due  allowance  being 
made  for  the  grades  of  cross  streets,  and  the  grades  of  side- 
walks shall  conform  to  the  grades  of  their  respective  streets, 
and  shall  be  six  inches  above  the  same. 

§  4.  CONSTRUCTION  OF  SIDEWALKS — COMMISSIONER'S  REPORT.] 
No  person  shall  construct  or  cause  to  be  constructed  any  side- 
walk or  part  thereof,  within  the  fire  limits,  without  first  ob- 
taining the  exact  grade  of  such  sidewalk,  from  the  Commis- 
sioner of  Sidewalks,  and  when  the  same  is  obtained,  the  said 
sidewalk  shall  be  constructed  according  to  the  established 
grade;  and  it  shall  be  the  duty  of  the  Commissioner  of  Side- 
walks to  give  the  grade  of  the  proposed  sidewalk,  to  such  ap- 
plicant, and  to  make  report  to  the  Council  as  to  whether  said 
sidewalk  is  built  according  to  the  established  grade.  Whoever 
shall  violate  any  provision  of  this  section  shall,  upon  convic- 
tion, forfeit  and  pay  a  penalty  of  five  dollars  for  each  offence. 

§  5.  SIDEWALKS  OFF  GRADE — NUISANCE.]  All  sidewalks 
hereafter  built,  which  do  not  conform  to  the  grades  of  their 
respective  streets  as  required  in  the  next  preceding  section, 
as  also  all  sidewalks  now  constructed,  which  may  be  off  grade, 
and  the  owners  of  which  shall  have  been  given  ten  days' 
notice  in  pursuance  of  an  order  of  the  City  Council  to  bring 
the  same  to  grade,  and  the  same  has  not  been  done,  are  hereby 
declared  to  be  nuisances,  and  the  same  shall  be  taken  up,  re- 
moved and  abated,  as  other  nuisances,  and  the  site  thereof 
incorporated  by  the  Commissioner  of  Sidewalks,  in  an  ordi- 
nance for  the  construction  of  a  proper  sidewalk  thereon,  in 
pursuance  of  law. 

§  6.  GRADES  ESTABLISHED.]  The  grades  of  said  city  at 
the  points  below  indicated,  are  hereby  established  by  authority 
of  the  Cifcy  Council  as  follows,  to-wit : 

Mason  Street.  Mason  Street. 

North  street,  69.8  Chestnut  street,  79.1 

Slough,  63.5  Walnut  street.  76.6 

Market  street,  64.5  Empire  street,  70.7 

Mulberry  street,  81.5  Scott  street,  68.5 

Intermediate,  82.7  Graham  street,  72.5 

Locust  street,  81.5  Slough,  68.5 

Center  of  block,  82.5  Seminary  avenue,  73.0 
— 4 


26 


ORDINANCES. 


Mason  Street. 
225  feet,  north,  78.5 

375  feet,  north,  81.0 

575  feet,  north,  77.0 

Division  street,  58.5 

Oak  Street. 

Front  street,  79.3 

Washington  street,    86.42 
Jefferson  street,          80.5 
North  street,  83.0 

Market  street,  73.3 

Slough,  68.3 

Mulberry  street,  73.0 
Locust  street,  85.0 

Center  of  block,  87.3 
Chestnut  street,  85.1 
Walnut  street,  81.0 

Intermediate,  83.3 

Empire  street,  78.2 

Scott  street,  74.0 

Graham  street,  76.0 

Alley,  72.0 

Union  street,  70.0 

Seminary  avenue,       77.0 

Lee  Street. 

Springfield  road,  132.6 

Hunter  street,  128.2 

Wood  street,  122.0 

Elm  street,  110.8 

South  Grove  at.,  102.8 

Clay  street,  100.0 
Mill  street,  95.25 

South  Water  street,  78.6 
Slough,  73.5 

I.,  B.  &  W.  R.  R.,      75.42 
Intermediate,  73.5 

Olive  street,  79.0 

Center  of  block,  81.5 
Grove  street,  80.0 

Front  street,  99.5 

Washington  street,    95.5 
Jefferson  street,          93.75 
North  street,  92.0 

Market  street,  79.0 

Slough,  70.5 


Lee  Street. 

Mulberry  street,          71.5 
Locust  street,  85.5 

Chestnut  street,  92.25 

Walnut  street,  86.8 

Intermediate,  88.8 

Empire  street,  84.8 

Scott  street,  79.0 

Graham  street,  81.0 
Union  street,  73.0 

Seminary  avenue,       81.0 

West  Street. 
South  Grove  street,    91.5 
Clay  street,  85.55 

Mill  street,  79.6 

Water  street,  74.3 

I.,  B.  &  W.  R.  R.,      76.4 
Intermediate,  75.4 

Olive  street,  86.5 

Center  of  block,  89.6 
Grove  street,  88.2 

Front  street,  94.7 

Washington  street,  99.0 

Jefferson  street,  103.0 

North  street,  100.0 
Market  street,  77.5 

Slough,  71.0 

Mulberry  street,  73.0 

Locust  street,  89.75 
Chestnut  street,  96.26 
Walnut  street,  92.5 

Empire  street,  88.0 

Scott  street,  85.0 

Graham  street,  83.0 

Slough,  74.0 

Union  street,  •    76.0 

Seminary  avenue,       85.0 

Madison  Street. 

Wood  street,  116.0 

Elm  street,  108.25 
South  Grove  street,  100.5 
Clay  street,  97.0 

Mill  street,  83.0 

Intermediate,  73.44 

I.,  B.  &  W.  R.  R.,      77.6 


GRADES. 


27 


Madison  Street. 

Water  street*  75.4 

Kentucky  alley,  81.1 

Olive  street,   '  92.0 

Grove  street,  98.5 

Front  street,  101.0 

Washington  street,  105.5 

Jefterson  street,  111.8 

Center  of  block,  110.6 

North  street,  104.25 

Market  street,  83.25 

Slough,  74.6 

Mulberry  street,  75.5 

Locust  street,  92.0 

Chestnut  street,  99.2 

Walnut  street,  97.0 

Empire  street,  85.0 

Scott  street,  82.0 

Graham  street,  80.0 

Intermediate,  77.0 

Union  street,  81.0 

Seminary  avenue,  91.0 

Center  Street. 

Wood  street,  123.5 

Elm  street,    '  116.0 

.  South  Grove  st.,  108.5 

Clay  street,  94,5 

Mill  street,  82.5 

I.,B.  &W.  R.  R.,  79.2 

South  slough,  78.75 

Water  alley,  82.16 

Kentucky  alley,  88.86 

Olive  street,  96.75 

Grove  street,  101.8 

Front  street,  107.3 

Washington  street,  112.4 

Jefferson  street,  116.8 

Center  of  block,  115.0 

North  street,  109.0 

Market  street,  86.03 

North  slough,  77.89 

Locust  street,  86.48 

Chestnut  street,  97.0 

Walnut  street,  94.7 

Empire  street,  83.0 


Main  Street. 
Scott  street,  81.0 

Center  of  block,        82.0 
Graham  street,  81.0 

Filmore  street,  82.0 

Intermediate,  83.0 

Union  street,  84.0 

Seminary  avenue,       91.0 

Main  Street. 

Rankin  street,  129.75 

Wood  street,  122.0 

Elm  street,  113.0 

South  Grove  st.,  106.0 
Clay  street,  95.0 

Mill  street,  81.5 

I,  B.  &  W.  R.  R.,      80.6 
Slough,  80.1 

Water  alley,  86.0 

Kentucky  alley,          94.66 

Olive  street,  103.3 

Grove  street,  111.25 

Front  street,  116.4 

Center  of  block,  116.7 
Washington  street,  114.8 

Jefterson  street,  111.6 

North  street,  102.7 
Market  street,  87.2 

West  Mulberry,          83.2 
East  Mulberry,  83.5 

Locust  street,  89.25 

Chestnut  street,          99.5 
Walnut  street,  93.0 

Empire  'street,  86.0 

Scott  street,    '  87.0 

Graham  street,  88.5 

Filmore  street,  88,0 

Intermediate,  87.8 

Union  street,  89.8 

Seminary  avenue,       93.0 
Kelsey  street,  81.0 

Division  street,  71.5 

East  Street. 

Olive  street,  111.5 

Grove  street,  115.12 

Front  street,  113.25 


28 


ORDINANCES. 


East  Street. 

Washington  street,  107.0 
Jefferson  street,  105.0 
Center  of  block,  103.5 
North  street,  97.48 

Market  street,  83.0 

Slough, 

Mulberry  st,  west,     88.57 
Mulberry  St.,  east,      92.0 
Locust  street,  102.5 

Center  of  block,  104.8 
Chestnut  street,  103.0 
Walnut  street,  97.0 

Empire  street,  89.0 

Granite  street,  95.0 

Center  of  block,  96.5 
University  avenue,  95.0 

Prairie  Street. 
Grove  street,  112.96 

Intermediate,  114.4 

Front  street,  111.75 

Washington  street,  106.5 
Jefferson  street,  108.5 
North  street,  104.0 

Woodard  street,  91.25 
Slough,  83.5 

Douglas  street,  84.0 

Mulberry  street,  89.0 
Locust  street,  102.5 

Chestnut  street,  106.5 
Walnut  street,  100.0 

Empire  street,  95.8 

Granite  street,  101.5 

Center  of  block,  103.0 
University  avenue,  101.0 

Gridley  street. 
Clay  street, 
Hickory  street, 
Center  of  block,         82.1 
Jackson  street,  84.9 

Taylor  street,  90.7 

Olive  street,  99.4 

Grove  street,  111.95 

Front  street,  113.75 

Washington  street,  110.5 


Gridley  Street. 

Jefferson  street,  113.5 

Center  of  block,  112.4 

North  street,  106.8 

Woodard  street,  90.75 

Slough,  84.0 

Douglas  street,  86.5 

McLean  Street. 
Clay  street, 
Hickory  street, 
Jackson  street, 
Taylor  street, 

Olive  street,  106.5 

Grove  street,  115.14 

Front  street,  118.25 

Center  of  block,  120.9 

Washington  street,  119.5 

Jefferson  street,  110.0 

North  street,  98.1 

Woodard  street,  86.2 

Douglas  street,  92.35 

Mulberry  street,  95.5 

Locust  street,  102.5 

Chestnut  street,  112.5 

Walnut  street,  108.5 

Empire  street,  105.0 

Boon  Street. 

Stewart  street,  141.0 

Lincoln  street,  137.0 

Intermediate,  138.0 

Bissell  street,  136.0 

Buchanan  street,  133.75 

Fremont  street,  129.0 

Niccolls  street,  125.5 

Wood  street,  119.0 

Elm  street,  112.5 

South  Grove  street,  105.0 

Clay  street,  95.5 

Wright  Street. 

Stewart  street,  135.5 

Intermediate,  132.0 

Lincoln  street,  135.0 

Intermediate,  138.0 

Bissell  street,  135.5 

Buchanan  street,  131.5 


GRADES. 


29 


Wright  Street. 
Fremont  street,         125.5 
ISTiccolls  street,          120.5 
Intermediate,  122.5 

Elm  street,  105.0 

South  Grove  street,  99.5 
Clay  street,  92.5 

South  Grove  Street. 
Intermediate  between 

Boon    and    "Wright 

streets,  107.0 

Olive  Street. 

Robinson  street,  100.0 
Clinton  street,  105.0 

Clayton  street,  113.5 
Evans  street,  116.5 

McLean  street,  106  5 
Gridley  st.,  north,  100.5 
Gridley  st.,  south,  99.4 
Albert  st.,  south,  112.5 
Albert  St.,  north,  113.0 
East  street,  111.5 

Main  street,  103.3 

Center  street,  96.75 

Madison  street,  92.0 

West  street,  86.5 

Lee  street,  79.0 

363  ft.  west  of  Lee  st.  70.4 
671  ft.  west  of  Lee  st.  67.0 
L,  B.  &  W.  R.  R.,  73.4 
Low  street,  76.0 

Center  of  block,  85.5 
Orchard  Lane,  88.0 

East  line  of  Lange's 

addition,  90.0 

Lange's  alley,  88.0 

Grove  Street. 
Side  track  of  I.  C. 

R.  R.,  117.76 

Robinson  street,  113.51 
Clinton  street,  135.84 

Center  of  block,  118.96 
Clayton  street,  118.76 
Evans  street,  119.83 

McLean  street,          115.14 


Grove  Street. 

Gridley  street,  111.95 

Prairie  street,  112.96 

East  street,  115.12 

Main  street,  111.25 

Center  street,  101.8 

Madison  street,  98.5 

WTest  street,  88.2 
Lee  street,  80.0 

Mason  street,  67.5 

Slough,  65.5 

Low  street,  68.3 

Orchard  Lane,  82.3 

Lange's  alley, 

Front  Street. 
Side  track  of  I.  C. 

R.  R.  116.25 

Robinson  street,  112.0 

Clinton  street,  107.75 

Clayton  street,  111.3 

Evans  street,  117.66 

Center  of  block,  121.3 

McLean  street,  118.25 

Gridley  street,  113.75 

Prairie  street,  111.JT5 
165ft.  E.  of  East  st.  114.5 

East  street,  113.25 

Main  street,  116.4 

Center  street,  107.3 

Madison  street,  101.0 
West  street,  94.7 

Lee  street.  89.5 

Oak  street,  79.3 

Mason  street,  71.4 

Slough,  65.0 

Orchard  Lane,  70.0 

I.,  B.  &  W.  R.  R,,      75.8 
Lange's  alley,  83.0 

Howard  street,  85.5 

Morris  avenue,  76.0 

Loehr  street, 

Washington  Street. 
Side  track  of  I.  C. 

R.  R.,  116.25 

Intermediate,  108.0 


30 


ORDINANCES. 


Washington  Street. 

Clinton  street,  105.84 

Slough,  105.0 

Clayton  street,  108.0 

Evans  street,  113.3 

McLean  street,  119.5 

Gridley  street,  110.5 

Prairie  street,  106.3 

Slough,  103.5 

East  street,  107.0 

Main  street,  114.8 

Center  street,  112-4 

Madison  street,  105.5 

West  street,  99.0 

Lee  street,  95.5 

Oak  street,  86.42 

Mason  street,  77.0 

Slough,  62.5 
Allin  street, 
Intermediate, 
Intermediate, 
Howard  street, 
Morris  avenue, 

Jefferson  Street. 
Side  track  of  I.  C. 

R.  It.,  116.6 

Intermediate,  113.0 

Clinton  street,  103.5 

Slough,  100.6 

Clayton  street,  102.06 

Evans  street,  106.0 

McLean  street,  110.0 

Gridley  street,  113.8 

Prairie  street,  108.5 
194  feet  West  of 

Prairie  street,  101.0 
226  feet  West  of 

Prairie  street,  100.0 

East  street,  105.0 

Center  of  block,  109,2 

Main  street,  111.6 

Center  street,  116.8 

Madison  street,  111.0 

West  street,  103,0 

Lee  street,  93.75 


Jefferson  Street. 

Oak  street,  80.5 

Mason  street,  74.2 

Slough,  61.0 

North  Street. 
Alley  west  of  I.  C. 

R.  R.,  120.0 

Clinton  street,  102.8 

Clayton  street,  94.0 

Slough,  93.0 

Evans  street,  94.5 

McLean  street,  98.1 

Gridley  street,  106.8 

Prairie  street,  104.0 

Slough,  94.5 

East  street,  97.48 

Main  street,  102.7 

Center  street,  109.0 

Madison  street,  104.25 

West  street,  100.0 

Lee  street,  92.0 

Oak  street,  83.0 

Mason  street.  69.8 

Intermediate,  61.8 

Allin  street,  60.4 

Catherine  street,  57.0 

Howard  street,  54.0 

Morris  avenue,  51.0 

Market  Street. 

East  street,  83.0 

Main  street,  87.2 

Center  street,  87.4 

Madison  street,  82.0 

West  street,  76.5 

Lee  street,  78.0 

Oak  street,  73.3 

Mason  street,  66.5 

Allin  street,  70.0 

Catherine  street,  71.9 

Howard  street,  70.0 
233  feet  west   of 

Howard  street,  67.0 
Bridge   under  C. 

&  A.  R.  R.,  56.0 
175  feet    east  of 


GRADES. 


31 


Market  Street. 

Cranmer  street,  61.0 

Cranmer  street,  60.0 

Woodard  Street. 
Alley  west  of  I.  C. 

R.  R.,  120.0 

Clinton  street,  111.0 

Clayton  street,  99.5 

Evans  street,  93.0 

McLean  street,  86.2 

Douglas  Street. 
Alley  west  of  I.  C. 

R.  R.,  121.0 

Clinton  street,  113.5 

Clayton  street,  110.5 

Evans  street,  105.0 

McLean  street,  94.5 

Mulberry  Street. 
Alley  west  of  I.  C. 

R.  R.,  120.0 

Clinton  street,  115.5 

Intermediate,  116.0 

Evans  street,  103.0 

McLean  street,  95.5 

Prairie  street,  89.0 

East  street,  92.0 

Intermediate,  88.57 

Main  street,  83.5 

Center  street,  78.0 

Madison  street,  75.5 

West  street,  73.0 

Lee  street,  71.5 

Oak  street,  73,0 

Mason  street,  81.5 

Center  of  block,  86.6 

Allin  street,  84.0 

Catherine  street,  81.0 

Howard  street,  74,5 

C.  &  A.  R.  R.,  70.3 

Lumber  street,  72.0 

Locust  Street. 
Alley  west  of  I.  C. 

R.  R., 

Clinton  street,  117,0 

Evans  street,  109.5 


Locust  Street. 

McLean  street,  103.5 
Intermediate,  244  ft. 
E.   of  E.   line  of 

Prairie  street,  100.0 

Prairie  street,  102.5 

Intermediate,  104.6 

East  street,  102.5 

Main  street,  89.25 

Center  -street,  86.48 

Madison  street,  92.0 

West  street,  89.75 

Lee  street,  85.5 

Center  of  block,  86.5 

Oak  street,  85.0 

Mason  street,  81.5 

Intermediate,  83.5 

Allen  street,  81.5 

Catherine  street,  78.5 
Intermediate, 
Bridge, 

Lumber  street,  78.42 

Chestnut  Street. 
I.  C.  R.  R.  track,  109.0 
200  ft.  east  of  Clin- 
ton street,  115.5 
Clinton  street,  112.0 
Evans  street,  114.0 
McLean  street,  111.5 
Prairie  street,  106.2 
East  street,  103.0 
Main  street,  99.5 
Center  street,  97.0 
Madison  street,  99.2 
West  street,  96.26 
Lee  street,  92.26 
Oak  street,  85.1 
Mason  street,  79.09 
Allin  street,  75.14 
Catherine  street,  72.51 
C.  &  A.  R.  R.,  69.0 
Lumber  street,  67.55 

Walnut  Street. 

McLean  street,  108.5 

Evans  street,  111.6 


32 


ORDINANCES. 


Walnut  Street. 
Center  of  block,        116.0 
Clinton  street,  114.0 

Empire  Street. 
McLean  street,          105.0 
Evans  street,  104.5 

Clinton  street,  100.7  * 

150  ft.  west  of  I.  C. 
R.  R,  track,  106.4 


Empire  Street. 
Track  of  I.  C.  R.R.  102.5 

Division  Street. 
Main  street,  71.5 

233  feet  east,  65.0 

Parker  street,  58.5 

200  feet  east,  55.5 

400  feet  east,  54.5 

Street  railway,  58.7 


§  7.  CONSTRUCTION.]  Nothing  herein  contained  shall  be 
construed  to  confer  any  power  on  any  person  to  fill  or  exca- 
vate any  street,  or  to  raise  or  lower  any  sidewalk  now  existing 
adjacent  to  any  premises,  until  such  street  or  sidewalk  has 
been  by  the  City  Council  ordered  to  be  brought  to  grade;  the 
true  intent  and  meaning  of  this  chapter  being  to  fix  and  de- 
termine the  grades  of  streets  to  which  it  refers,  without  order- 
ing or  authorizing  the  same  or  any  of  them  to  be  brought  to 
the  grade  so  fixed. 


LICENSES,  33 

CHAPTER  IX. 
LICENSES. 

DIVISION  1.— GENERAL  PROVISIONS. 

"  2. — AUCTIONS  AND  AUCTIONEERS. 

"  3.— BILLIARDS  AND  TEN-PINS. 

"  4.— BUTCHERS. 

"  5.— HAWKERS  AND  PEDDLERS. 

"  6.— JUNK-SHOPS. 

"  7.— MILKMEN. 

"  8. — PAWNBROKERS. 

"  9.— PORTERS  AND  RUNNERS. 

"  10.— SCAVENGERS. 

"  11.— SHOOTING  GALLERIES. 

"  12. — SHOWS  AND  EXHIBITIONS. 

"  13.— VEHICLES. 

"  14.— SUNDRY  AVOCATIONS. 


DIVISION  1. 
General  Provisions. 

SECTION  1.  Manner  of  applying  for  and  issuing  license. 

"         2.  Contents  of  license— holder  to  exhibit  same. 

"        3.  Time  granted  for — not  transferable — bond. 

"        4.  License  subject  to  Ordinances,  etc.— revocation  and  forfeiture. 

SECTION  1.  MANNER  OF  APPLYING  FOR  AND  ISSUING  LICENSES.] 
Licenses  shall  be  granted  under  the  ordinances  of  the  city  of 
Blooraington  in  the  manner  and  upon  the  conditions  following, 
and  not  otherwise  :  The  person  desiring  license  shall  make 
a  written  application  therefor  to  the  City  Treasurer,  signed  by 
the  applicant,  stating  therein  the  purpose  and  time  for  which 
license  is  desired,  and  the  place  where  the  business  for  which 
license  is  sought  is  to  be  conducted,  and  upon  presentation  of 
said  application  to  the  City  Treasurer,  and  the  payment  to 
said  Treasurer  of  the  sum  required  by  ordinance  for  such 
license,  said  Treasurer  shall  issue  to  the  applicant  a  receipt 
for  the  sum  paid,  specifying  therein  the  purpose,  length  of 
time  and  location,  if  any,  for  which  license  is  to  be  issued,  and 
on  delivery  of  such  receipt  to  the  City  Clerk  it  shall  be  the 
duty  of  said  Clerk,  without  further  charge,  to  issue  to  the  ap- 
plicant a  license  in  accordance  with  its  terms ;  and  said  Clerk 


34  ORDINANCES. 

shall  preserve  in  his  office  all  receipts  on  which  licenses  are 
so  issued. 

§  2.  CONTENTS  OF  LICENSE — HOLDER  TO  EXHIBIT  THE  SAME.] 
Every  license  shall  contain  the  name  in  full  of  the  person  to 
whom  the  same  is  granted,  the  kind  of  business  thereby 
authorized,  the  time  covered  by  the  same,  and  where  the  same 
is  to  conduct  a  local  business,  the  street  and  the  number  of 
the  place  of  business  thereby  covered,  and  shall  be  signed  by 
the  City  Clerk,  attested  by  the  seal  of  the  city,  and  such 
license  shall  not  protect  the  holder  thereof  beyond  the  express 
terms  of  the  license.  Every  person  holding  a  license  shall, 
upon  demand,  exhibit  the  same  to  any  city  officer. 

§  3.   TlME  GRANTED  FOR — NOT  TRANSFERABLE — BOND.]   TJn- 

less  otherwise  specially  provided  by  ordinance,  no  license  shall 
be  granted  for  a  longer  period  than  one  year,  nor  be  assign- 
able or  transferable  without  permission  of  the  City  Council, 
nor  be  held  to  authorize  any  person  other  than  the  one  therein 
named  to  carry  on  the  business  therein  specified  ;  and  where 
bond  is  by  ordinance  required  of  the  person  licensed,  the  City 
Clerk  shall  see  to  the  taking  and  approving  the  same  unless 
otherwise  specially  provided  by  ordinance. 

§  4.  LICENSE  SUBJECT  TO  ORDINANCES,  ETC. — REVOCATION  AND 
FORFEITURE.]  Every  license  issued  shall  be  taken  and  held 
subject  to  all  ordinances  and  police  regulations  of  the  city 
then  existing  or  afterwards  passed,  and  also  subject  to  revoca- 
tion in  the  discretion  of  the  City  Council ;  at  any  time  on 
refunding  the  price  paid  for  the  unexpired  time  of  such  license  ; 
and  on  conviction  of  the  person  holding  any  license,  of  a 
breach  of  any  ordinance  of  the  city  regulating  the  business 
therein  licensed,  the  City  Council  may  in  its  discretion  declare 
such  license  forfeited,  without  the  repayment  above  required. 
The  conditions  contained  in  this  section  shall  be  made  a  part 
of  every  license  issued  by  said  city. 

DIVISION  'J. 
Auctions  and  Auctioneers. 

SECTION  1.  Auction  license. 

"  2.  Bond  of  auctioneer. 

"  3.  License  issued  quarterly — application. 

"  4.  License  not  transferable — when  agent  may  sell — place  of  business,  etc. 

"  5.  One  per  cent,  of  receipts  to  be  paid  to  city. 

"  6.  Book  to  be  kept — monthly  statement. 

"  7.  Selling  without  license  and  other  violations — penalties. 

"  8.  Substitution  of  articles— penalties. 

SECTION  1.  AUCTION  LICENSE.]  No  sale  of  goods,  chattels, 
or  personal  property,  at  auction,  except  sales  made  under  legal 


LICENSES.  35 

process,  and  sales  of  thoroughbred  or  imported  live  stock,  sold 
for  breeding  purposes,  shall  be  made  except  by  an  auctioneer 
or  other  person  who  shall  first  have  obtained  from  the  City 
Clerk  a  license,  and  executed  a  bond  to  said  city  as  hereinafter 
provided. 

§  2.  BOND  OF  AUCTIONEER.]  No  person  shall  receive  a 
license  to  sell  goods  at  auction  in  said  city  until  he  shall  first 
have  executed  to  said  city  a  bond  in  the  penal  sum  of  five 
hundred  dollars,  with  two  or  more  securities  residing  within 
said  city,  to  be  approved  by  the  City  Clerk,  conditioned  for 
the  strict  observance  of  all  ordinances  of  said  city  respecting 
auctions  and  auctioneers,  and  also  for  the  payment  to  said  city 
of  all  moneys  belonging  to  the  same  which  may  come  into  his 
hands  as  such  auctioneer. 

§  3.  LICENSE  ISSUED  QUARTERLY — APPLICATION.]  There  shall 
be  charged  for  every  license  gran  ted  under  the  provisions  of  this 
chapter  eight  and  one-third  dollars  per  month  payable  in  ad- 
vance, and  no  license  shall  be  granted  for  a  shorter  period  than 
three  months.  .  Every  applicant  for  such  license  having  or 
professing  to  have  a  regular  auction  store  or  fixed  place  of 
business  shall  state  in  his  written  application  the  location  of 
such  store  or  place  of  business. 

§  4.  LICENSE  NOT  TRANSFERABLE — AGENT  MAY  SELL — PLACE 
OF  BUSINESS,  ETC.]  No  license  issued  under  the  provisions  of 
this  chapter  shall  be  transferable,  or  be  held  to  authorize  any 
person  other  than  the  one  named  therein,  or  his  agent  or 
servant  to  sell  or  cry  goods  at  auction,  and  such  agent  or 
servant  shall  only  be  authorized  to  auction  goods  when  it  may 
be  necessary  to  rest  his  employer,  or  when  from  sickness  or 
other  emergency  such  employer  is  unable  to  do  the  business 
himself,  and  in  no  case  shall  any  license  be  held  to  authorize 
any  two  persons  to  sell  under  it  at  one  and  the  same  time,  or 
to  cover  more  than  one  place  of  business,  or  to  authorize 
auction  sales  at  any  other  than  the  regular  place  of  business 
of  the  person  receiving  such  license,  if  he  have  such  regular 
place  ;  Provided,  that  any  auctioneer  may,  by  first  notifying 
the  City  Clerk,  change  the  location  of  his  place  of  business,  in 
which  case  the  .license  shall  be  held  to  cover  such  new  place; 
and,  Provided  further,  that  any  licensed  auctioneer  may  tempo- 
rarily leave  his  regular  place  of  business  and  sell  where  situate, 
any  property  which  cannot  conveniently  be  removed  to  such 
place  of  business. 

§    5.       ONE  f  ER  CENT.  OF  RECEIPTS  TO  BE  PAID  TO  THE  CITY.]     In 

addition  to  the  license  fees  to  be  paid  by  auctioneers,  as  in  this 
chapter  provided,  it  shall  be  the  duty  of  every  person  selling 


36  ORDINANCES. 

any  goods,  chattels,  or  personal  property  at  auction,  to  pay  into 
the  city  treasury  one  per  cent,  upon  the  gross  receipts  of  all 
such  sales  made  by  him  within  the  city,  by  virtue  of  his  license. 

§  6.  BOOK  TO  BE  KEPT — MONTHLY  STATEMENT.]  Every  per- 
son  licensed  as  aforesaid  shall  procure  and  keep  a  book,  which 
shall  be  subject  to  the  inspection  of  any  city  officer,  in  which 
he  shall  keep  a  correct  account  of  all  sales  made  by  such 
auctioneer,  and  the  gross  receipts  therefor;  and  every  such 
person  shall,  at  the  end  of  each  month,  make  out  and  file  with 
the  City  Clerk,  a  statement  in  writing,  and  under  oath  giving  the 
amounts  and  gross  receipts  of  all  sales  made  by  him  within 
the  city  during  such  month,  to  which  statement  shall  be 
attached  the  receipt  of  the  City  Treasurer,  showing  the  sum 
or  sums  paid  by  such  person  into  the  city  treasury.  In  the  case 
of  non-resident  persons  who  may  be  sojourning  temporarily 
in  the  city,  selling  goods  at  auction,  the  statement  required  in 
this  section  shall  be  made  daily,  as  soon  as  may  be  after  the 
close  of  each  day's  sales. 

§  7.  SELLING  WITHOUT  LICENSE  AND  OTHER  VIOLATIONS- 
PENALTIES.]  Whoever  shall  sell,  or  attempt  to  sell,  at  public 
auction  within  the  city  of  Bloomington,  any  goods,  chattels  or 
personal  property,  without  first  having  obtained  a  license  and 
executed  a  bond  as  above  required,  or  whoever  shall  violate 
any  other  provision  of  this  chapter,  or  shall  in  any  particular 
wilfully  fail  or  refuse  to  comply  with  any  of  its  terms,  con- 
ditions or  requirements,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

§  8.  SUBSTITUTION  or  ARTICLES — PENALTIES.]  Whoever  shall 
exhibit  and  offer  for  sale  at  auction  any  article  and  induce  its 
purchase  by  any  bidder,  and  shall  afterwards  secretly  substi- 
tute any  other  article  for  the  one  so  exhibited,  with  intent  to 
deceive  and  defraud  such  bidder;  or  whoever  shall  while 
engaged  in  or  about  the  making  of  any  auction  sale,  be  guilty 
of  any  device,  trick,  or  fraudulent  practice  with  intent  thereby 
to  deceive  or  defraud  any  bidder  shall  be  fined  fifty  dollars, 
and  the  license  of  such  person'ahall  be  deemed  to  be  forfeited. 

DIVISION  3. 
Billiards  and  Ten-Pins. 

SECTION  1.    Billiard  tables,  ten-pin  alleys,  etc.,  licensed. 
"        2..   When  closed— penalty. 

3.    Minors  playing  or  loitering— penalty. 

SECTION  1.  BILLIARD  TABLES,  TEN- PIN  ALLEYS,  ETC.,  LI- 
CENSED.] No  person  shall  keep  within  the  city  of  Bloomington 


LICENSES.  37 

any  billiard,  pool,  or  pigeon-hole  table,  or  any  ten-pin  alley, 
to  be  used  or  played  upon  by  others  for  hire  or  gain,  without 
first  having  obtained  a  license  therefor  under  a  penalty  of  fifty 
dollars  for  each  offense.  The  charges  for  such  license  shall  be 
at  the  rate  of  seventy-five  dollars  per  year. 

§  2.  WHEN  CLOSED — PENALTY.]  All  billiard  rooms  and  ten 
pin  alleys  within  said  city  shall  be  kept  closed  on  Sundays; 
and  on  week  days  they  shall  be  closed  by  eleven  o'clock  in  the 
evening  of  each  day  and  be  kept  closed  until  five  o'clock  in  the 
morning  of  the  next  day  following.  Any  person  violating  this 
section  shall  for  each  offense  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

§3.  MINORS  PLAYING  OR  LOITERING — PENALTY.]  No  keeper 
of  any  billiard  room  or  ten  pin  alley  within  said  city  shall  per- 
mit any  person  under  the  age  of  twenty-one  years  to  play  at 
auy  game  upon  any  table  or  alley  kept  by  him,  nor  shall  he 
permit  any  such  person  to  frequent  his  place  of  business  or  to 
loiter  or  remain  therein,  unless  upon  the  written  consent  and 
permission  of  the  parent  or  guardian  of  such  person,  and  for 
every  violation  of  any  provision  of  this  section,  the  person 
violating  the  same  shall  be  fined  ten  dollars. 

DIVISION  4. 
Butchers. 

SECTION  1.  Butcher's  license — rate  and  time — definition. 

2.  Butchers  to  keep  book,  etc.— penalty. 

3.  Butchers  to  make  monthly  report— penalty. 

4.  Killing  diseased  animal,  etc. — penalty. 

5.  Keeping  flesh  of  diseased  animal,  etc., — penalty. 

6.  Meat  inspectors— powers  and  duties. 

7.  Penalties — appeal  to  Marshsil  or  Mayor  allowed. 

8.  Moieties — officer  not  to  receive — how  applied  for. 

SECTION  1.  BUTCHER'S  LICENSE — RATE  AND  TIME — DEFINI- 
TION.] Whoever  shall  pursue  the  calling  of  a  butcher  within 
the  city  of  Blooinington  without  first  having  obtained  a  license 
therefor,  in  pursuance  of  this  division,  shall  be  fined  one  hun- 
dred dollars.  The  rate  of  butcher's  license  shall  be  ten  dollars 
per  year  or  a  proportionate  sum  for  any  shorter  period,  and 
every  such  license  shall  expire  on  the  30th  day  of  April  next, 
after  the  granting  thereof.  Every  dealer  in  fresh  meat  shall 
be  deemed  a  butcher  within  the  meaning  of  this  division. 

§  2.  BUTCHER  TO  KEEP  BOOK,  ETC. — PENALTY  .]  Every 
butcher  shall  keep  a  well  bound  book  to  be  furnished  by  the 
City  Clerk  at  the  expense  of  the  city,  in  which  he  shall  cause 
to  be  legibly  recorded  in  ink  a  description  of  each  animal 
either  slaughtered  by  him  or  the  flesh  of  which  he  keeps  for 
sale,  which  description  shall  set  forth  the  species,  sex,  color,  and 


38  ORDINANCES. 

age,  if  known,  of  such  animal,  and  also  the  name  and  place 
of  residence  of  the  person  from  whom  such  animal  was  ob- 
tained, and  the  date  when  slaughtered;  and  if  such  animal 
is  a  bull,  stag,  ram  or  boar,  that  fact  shall  be  entered  upon 
said  book  as  part  of  said  description.  Such  book  shall  at  all 
times  be  subject  to  the  inspection  of  any  city  officer,  and  any 
person  proposing  to  purchase  of  the  flesh  of  any  animal  may 
demand  to  see  the  recorded  description  of  such  animal.  Any 
butcher  failing  to  keep  a  book  as  herein  required,  or  failing 
to  make  truthfully  every  entry  therein  above  set  forth,  or  fail- 
ing or  refusing  to  exhibit  said  book  on  demand  to  any  person 
having  a  right  to  inspect  the  same,  shall  be  fined  for  each 
offense,  one  hundred  dollars. 

§  3.  BUTCHER  TO  MAKE  MONTHLY  REPORT — PENALTY.]  With- 
in one  week  after  the  close  of  each  calendar  mouth,  every 
butcher  licensed  as  aforesaid  shall  make  out  and  tile  with  the 
City  Clerk  a  report,  verified  by  his  oath,  in  which  shall  be 
stated  all  the  matters  and  things  required  to  be  recorded  in 
the  book  provided  for  in  the  next  preceding  section  hereof, 
and  in  manner  and  form  as  the  same  is  required  to  be  kept  in 
said  book,  and  any  butcher  failing  or  refusing  to  make  such 
report,  or  who  shall  make  any  false  or  untruthful  report,  shall 
be  fined  one  hundred  dollars. 

§  4.  KILLING  DISEASED  ANIMALS,  ETC. — PENALTY.]  Whoever 
shall  slaughter  within  said  city,  or  within  one  mile  of  the  limits 
thereof,  any  emaciated,  sick,  sore,  bruised,  wounded,  diseased, 
or  disordered  animal,  or  any  animal  having  been  within 
twenty-four  hours  next  before  the  time  of  slaughtering  ex- 
cessively driven,  so  as  to  become  heated,  or  any  calf  under 
four  weeks  old,  or  any  female  animal  being  at  the  time  far  gone 
with  young ;  or  whoever  shall  ki  ep  or  have  within  the  limits 
aforesaid  any  animal  of  the  character  or  condition  aforesaid, 
with  intent  that  the  same  shall,  while  in  such  condition,  be 
slaughtered  for  food,  shall  be  fined  one  hundred  dollars. 

§  5.  KEEPING  FLESH  OF  DISEASED  ANIMALS,  ETC. — PENALTY.] 
Whoever  shall  sell,  offer  to  sell,  or  keep,  or  expose,  for  sale 
within  said  city  any  tainted  or  unwholesome  fresh  meat,  oruny 
flesh  of  any  animal  which  was  at  the  time  of  slaughtering 
emaciated,  sick,  sore,  bruised,  crippled,  wounded,  diseased  or 
disordered,  or  of  any  animal  coming  to  its  death  naturally,  or 
by  any  means  other  than  the  usual  mode  of  slaying  animals 
for  food,  or  of  any  animal  not  usually  deemed  wholesome  or 
fit  for  food,  or  the  flesh  of  any  calf  slaughtered  under  the  age 
of  four  weeks,  or  of  any  female  animal  which  at  the  time  of 


LICENSES.  39 

slaughtering  was  far  gone  with  young,  shall  for  each  offense  be 
fined  one  hundred  dollars. 

§  6.  MEAT  INSPECTORS — POWERS  AND  DUTIES.]  Every  mem- 
ber of  the  police  department  of  the  city  of  Bloomington  is 
hereby  made  and  constituted  ex-qfficio  an  inspector  of  meat. 
Every  such  officer  shall  be  entitled  on  demand  to  see  and  in- 
spect any  fresh  meat  which  any  butcher  may  keep  or  have  on 
hand  within  the  city,  as  also  any  live  animal  obtained  or 
designed  by  any  butcher  for  the  slaughter;  and  every  butcher 
shall  truthfully  answer  all  questions  put  to  him  by  such  inspector 
touching  any  fresh  meat,  of  any  animal  procured  or  kept  by 
him  as  aforesaid.  When  any  animal  for  any  cause  is 
deemed  unfit  for  the  slaughter,  or  any  meat  unfit  for  food,  the 
officer  inspecting  shall  condemn  the  same  and  order  its  im- 
mediate removal  from  the  city. 

§  7.  PENALTIES — APPEAL  TO  MARSHAL  OR  MAYOR  ALLOWED.] 
Any  butcher  who  shall  fail  or  refuse  to  exhibit  any  animal  or 
any  meat  to  any  inspector  on  demand  as  provided  in  the  last 
preceding  section,  or  shall  answer  falsely  or  evasively  or  refuse 
to  answer  any  question  put  to  him  by  any  inspector  as  in  said 
section  authorized,  or  who  shall  sell  or  offer  to  sell  or  keep  or 
expose  for  sale  any  fresh  meat  the  same  having  been  con- 
demned by  any  meat  inspector,  or  shall  fail  or  refuse  to 
immediately  remove  from  the  city  any  meat  or  animal  so 
condemned,  or  who  shall  slaughter  any  condemned  animal, 
shall  upon  conviction  be  fined  one  hundred  dollars:  Provided, 
that  when  any  such  condemnation  is  made  by  any  subordinate 
member  of  the  police  force  it  shall  be  the  right  of  the  person 
owning  the  meat  or  animal  condemned  to  appeal  to  the  City 
Marshal  or  the  Mayor,  or  both,  who  may,  if  such  condemna- 
tion is  thought  wrong  or  unjust,  reverse  the  same. 

§  8.  MOIETIES — OFFICER  NOT  TO  RECEIVE — HOW  APPLIED  FOR.] 
One-half  of  every  penalty  collected  for  any  violation  of  this 
division  shall  be  paid  over  to  the  person  furnishing  the  in- 
formation which  leads  to  the  conviction  :  Provided,  that  no 
moiety  or  reward  shall  in  any  case  be  paid  under  this  section 
to  any  police  officer ;  and  Provided  further,  that  all  applications 
for  moities  under  this  section  shall  be  made  to  the  City 
Council,  and  supported  by  proof,  and  shall  only  be  paid  on 
the  order  of  said  Council. 


40  ORDINANCES. 

DIVISION  5. 
Hawkers  and  Peddlers. 

SECTION  1.    Peddlers  and  hawkers  to  be  licensed — Council  may  exempt  residents. 
"         2.    Canvassing  and  soliciting  orders. 
"        3.    Rate  of  charges  for  peddler's  license. 
"        4.    Statement  in  application. 

"        5.    Peddler  not  to  vex  or  annoy  any  person  or  enter  house  without  per- 
mission. 

SECTION  1.  PEDDLERS  AND  HAWKERS  TO  BE  LICENSED — COUN,- 
CIL  MAY  EXEMPT  RESIDENTS,]  No  person  shall  sell  or  attempt 
to  sell  any  goods,  article  or  thing,  (except  farm  and  garden 
products  offered  for  sale  by  the  producer  thereof,)  by  peddling, 
hawking,  or  public  outcry,  or  at  any  temporary  or  uninclosed 
stand  or  place  of  business  within  the  city,  without  first  ob- 
taining a  peddler's  license  therefor,  under  a  penalty  of  twenty- 
five  dollars  for  each  offense ;  Provided,  that  the  City  Council 
may,  in  their  discretion,  by  vote  or  resolution,  exempt  any 
person,  having  been  a  bona  fide  resident  of  the  city  for  six 
months,  from  the  provisions  hereof,  or  may  order  license  to  be 
granted  to  such  person  at  a  lower  rate  than  is  hereinafter 
specified. 

§  2.  CANVASSING  AND  SOLICITING  ORDERS.]  Every  person 
canvassing  or  taking  orders  for  books,  pictures,  publications 
or  other  articles,  shall  be  deemed  within  the  scope  of  this 
division,  and  be  required  to  take  out  a  peddler's  license ;  but 
no  license  shall  be  required  for  the  delivery  of  any  article 
where  the  order  therefor  was  taken  under  a  license ;  if,  how- 
ever, no  license  was  taken  out  by  the  canvasser,  the  article 
shall  not  be  delivered  without  a  peddler's  license  :  Provided, 
that  regular  commercial  travelers  employed  by  wholesale 
houses  and  selling  staple  articles  of  merchandise  to  the  mer- 
chants of  the  city,  shall  not  be  deemed  to  be  within  the  mean- 
ing of  this  section. 

§  3.  RATE  OF  CHARGES  FOR  PEDDLER'S  LICENSE.]  Licenses 
granted  under  this  division  shall  be  charged  for  at  the  follow- 
ing rates  : 

For  selling  jewelry,  ten  dollars  per  day. 

For  selling  salve,  liniment,  drags,  medicines,  cloths,  silks, 
cassimeres,  dress  goods,  shawls,  or  table-cloths,  the  sum  of  five 
dollars  per  day,  or  twenty-five  dollars  per  week. 

For  selling  statuary,  pictures,  books,  or  publications  other 
than  newspapers  and  magazines,  or  taking  orders  for  the  same, 
the  sum  of  five  dollars  per  month. 


LICENSES.  41 

For  selling  any  and  all  articles  not  above  enumerated,  the 
sum  of  one  dollar  per  week. 

Provided,  that  cakes,  fruit,  nuts,  candies,  lemonade,  soda 
and  other  confections  and  refreshments  may  be  peddled  and 
sold  without  license,  except  upon  the  occasion  of  any  public 
meeting  or  gathering  within  the  city,  when  the  City  Council 
may,  by  resolution,  provide  for  licensing  the  same,  and  fix  a 
special  rate  therefor :  and,  Provided  further,  that  when  the 
manner  of  vending  is  by  music,  songs,  speeches,  or  other  out- 
cry, the  rate  shall  be  five  dollars  per  day,  without  regard  to 
the  class  or  kind  of  article  sold. 

§  4.  STATEMENT  IN  APPLICATION.]  Every  application  for  a 
peddler's  license,  shall  state  definitely  the  article  or  articles  to 
be  sold,  and  the  proposed  manner  of  selling,  whether  by 
speeches,  songs,  outcry  or  otherwise,  and  the  person  licensed 
shall  then  be  limited  to  the  articles  and  mode  of  sale  stated  in 
his  application,  and  be  protected  no  further. 

§  5.  PEDDLER  NOT  TO  VEX  OR  ANNOY  ANY  PERSON  OR  ENTER 
HOUSE  WITHOUT  PERMISSION.]  No  peddler  shall  vex,  annoy  or 
harass  any  person  by  importuning  such  person  to  purchase  or 
to  look  at  his  goods,  nor  shall  any  peddler  enter  any  private 
house  without  being  invited  to  go  in,  under  a  penalty  of  ten 
dollars  for  each  offense. 

DIVISION  6. 
Junk-shops. 

SECTION  1.  Junk-shop  defined— license. 

"         2.  Rate  of  license — wnen  *°  expire — bond. 

"         3.  Book  to  be  kept — inspection  of  by  officers — penalty. 

4.  Time  goods  to  be  kept — penalty. 

"        5.  Property  of  minor — stolen  property,  etc. — penalty. 

SECTION!.  JUNK-SHOP  DEFINED — LICENSE.]  A  junk-shop  is 
hereby  defined  to  be  any  store,  office,  room,  or  place  of  busi- 
ness, kept  for  the  purchase,  sale  or  exchange  of  second-hand 
clothing,  mechanical  tools,  firearms,  old  metal,  rope,  canvas, 
and  other  like  articles.  No  person  or  firm  shall  keep  a  junk- 
shop  within  said  city,  without  first  obtaining  a  license  there- 
for, under  a  penalty  of  fifty  dollars  for  each  offense. 

§  2.  RATE  OF  LICENSE — WHEN  TO  EXPIRE — BOND.]  Junk- 
dealers  shall  pay  for  license  ten  dollars  per  year,  and  at  that 
rate  for  any  shorter  period ;  and  every  such  license  shall  ex- 
pire on  the  30th  day  of  April  next  after  the  date  of  the  granting 
thereof;  but  no  license  shall  be  issued  under  this  division 
until  the  applicant  shall  have  given  a  bond  to  the  city  in  the 
—6 


42  ORDINANCES. 

penal  sum  of  five  hundred  dollars,  with  two  or  more  good  and 
sufficient  securities,  residents  of  said  city,  to  be  approved  by 
the  City  Clerk,  conditioned  that  said  applicant  will  strictly 
observe  all  ordinances  of  said  city  for  the  regulation  of  junk- 
dealers  and  junk-shops,  and  will  pay  all  fines  and  damages 
incurred  on  account  of  his  failure  in  that  behalf. 

§  3.  BOOK  TO  BE  KEPT — INSPECTION  OF  BY  OFFICERS — PEN- 
ALTY.] Every  person  keeping  a  junk-shop  shall  keep  at  his 
place  of  business  a  book,  in  which  he  shall  cause  to  be  legibly 
entered,  with  ink,  a  description  of  all  articles  received  by  him 
in  the  course  of  his  business  as  such  junk-dealer,  the  date  of 
its  receipt,  the  name  and  place  of  residence  of  the  person  from 
whom  received,  together  with  any  marks  by  which  the  same 
can  be  identified,  and  no  such  entry  shall  be  erased,  obliterated, 
or  defaced,  which  said  book,  as  also  any  article  so  received 
and  on  hand,  shall  be  subject  to  the  inspection  of  any  city 
officer  during  ordinary  business  hours.  Any  violation  of  any 
provision  of  this  section,  shall  subject  the  often der  to  a  penalty 
of  twenty  dollars. 

§  4.  TIME  GOODS  TO  BE  KEPT — PENALTY.]  Every  junk- 
dealer  shall  keep  in  his  possession,  without  changing  the 
form  or  character  thereof,  each  article  of  property  received  by 
him  in  the  course  of  his  business  as  such  junk-dealer,  for  the 
full  period  of  three  days,  under  a  penalty  of  ten  dollars  for 
each  offense. 

§  5.  PROPERTY  OF  MINOR — STOLEN  PROPERTY,  ETC. — PENALTY.] 
No  person  licensed  under  this  division  shall  purchase  or  re- 
ceive any  article  of  property  of,  or  from,  any  minor  or  being 
owned  by  any  minor,  or  any  stolen  property  or  property  which 
from  any  cause  he  may  have  reason  to  believe  cannot  be  law- 
fully or  rightfully  sold  or  delivered  by  the  person  offering  the 
same,  under  a  penalty  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars,  for  each  offense. 

DIVISION  7. 
Milkmen. 

SECTION  1.    Milkmen  to  be  licensed— rate,  etc. 

"        2.    Name  of  milkman  to  be  placed  on  vehicle. 

3.    Adulterated  milk,  etc.— selling  of,  prohibited. 

SECTION  1.  MILKMEN  TO  BE  LICENSED — RATE,  ETC.]  Every 
milkman  who  carries  on  the  business  of  delivering  milk  to 
customers  in  the  city  by  means  of  a  wagon,  cart,  or  other 
vehicle,  shall  take  out  a  license,  and  pay  therefor  at  the  rate 


LICENSES.  43 

of  five  dollars  per  year — each  license  to  expire  on  the  30th 
day  of  April  next  after  the  granting  thereof.  Any  milkman 
who  shall  exercise  his  calling  within  the  city  as  aforesaid,  with- 
out first  obtaining  a  license  as  above  required,  shall  be  fined 
for  each  oflense  twenty  dollars. 

§  2.  NAME  OF  MILKMAN  TO  BE  PLACED  ON  VEHICLE.]  Every 
milkman  licensed  in  pursuance  of  section  one  of  this  division, 
shall  cause  his  name  to  be  legibly  painted  or  placed  on  each 
vehicle  used  in  his  business  for  the  carriage  and  delivery  of 
milk.  Every  violation  of  the  requirements  of  this  section 
shall  subject  the  offender  to  a  penalty  often  dollars. 

§  3.  ADULTERATED  MILK,  ETC. — SELLING  OF,  PROHIBITED.] 
"Whoever  shall  sell  or  offer  for  sale  any  milk  adulterated  with 
water,  or  with  any  other  liquid  or  substance,  or  any  milk 
produced  from  any  siek  or  diseased  cow,  shall,  for  each  offense, 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

DIVISION  8. 
Pawnbrokers. 

SECTION  l.  Pawnbroker  defined — license— penalty. 

"         2.  Bate  of  license — bond. 

"         3.  Pawnbroker  to  keep  book — penalty. 

"        4.  Property  of  minor— stolen  property— penalty. 

"         5.  Time  of  receiving  property. 

SECTION  1.  PAWNBROKER  DEFINED — LICENSE  —  PENALTY.] 
Whoever  shall  loan  money  on  deposit  or  pledge  of  personal 
property,  or  shall  carry  on  the  business  of  purchasing  such 
property  on  condition  of  selling  the  same  back  at  a  stipulated 
price,  without  taking  a  chattel  mortgage  thereon,  duly  exe- 
cuted and  recorded,  as  required  by  law,  shall  be  deemed  to  be 
a  pawnbroker  within  the  meaning  of  this  ordinance;  and 
every  person  who  shall  pursue  the  calling  of  a  pawnbroker 
within  the  city  of  Bloomington,  without  first  having  obtained 
a  license  therefor,  and  executed  a  bond  as  hereinafter  pro- 
vided, shall  be  fined  one  hundred  dollars  for  each  offense, 

§  2.  RATE  OF  LICENSE — BOND.]  Pawnbrokers  shall  pay  for 
license  the  sum  of  one  hundred  dollars  per  year,  or  a  propor- 
tionate sum  for  any  less  time,  and  every  such  license  shall 
expire  on  the  thirtieth  day  of  April  next  after  the  same  is 
issued  ;  and  every  applicant  for  such  license  shall,  before  re- 
ceiving the  same,  execute  to  the  city  a  bond  in  the  penal  sum 
of  three  thousand  dollars,  with  two  or  more  good  and  suffi- 
cient securities,  residents  of  the  city,  conditioned  that  said 


44  ORDINANCES. 

applicant  will  strictly  observe  all  ordinances  of  the  city  touch- 
ing pawnbrokers,  and  will  pay  all  fines  incurred  on  account 
of  his  failure  in  that  behalf,  and  that  he  will  pay  all  damages 
resulting  to  any  person  by  reason  of  his  wrongfully  purchasing 
or  taking  in  pledge  any  stolen  property  or  the  property  of  any 
minor. 

§  3.  PAWNBROKER  TO  KEEP  BOOK — PENALTY.]  Every  person 
so  licensed  shall  keep  at  his  place  of  business  a  well-bound 
book  prepared  for  that  purpose,  in  which  he  shall  enter  in 
writing  a  minute  description  of  all  personal  property  taken, 
purchased  or  received  as  aforesaid,  together  with  the  time,  and 
the  name  and  residence  (giving  number  and  street,  if  within 
the  city)  of  the  person  leaving  the  same,  which  book  shall  be 
kept  clean  and  legible.  All  the  entries  shall  be  made  in  ink, 
and  no  entry  shall  be  erased,  obliterated  or  defaced,  and  the 
said  book  shall  at  all  times  be  subject  to  the  inspection  of  any 
city  officer.  Any  pawnbroker  violating  this  section  shall  be 
fined  one  hundred  dollars. 

§  4.  PROPERTY  OF  MINOR  —  STOLEN  PROPERTY — PENALTY.] 
Whoever,  being  a  pawnbroker  shall,  within  the  city  purchase, 
take  or  receive  in  pledge  or  on  deposit,  any  article  of  property 
of,  or  from,  any  minor,  or  being  owned  by  any  minor,  or  any 
stolen  property  or  property  which  from  any  cause  he  may 
have  reason  to  believe  cannot  be  lawfully  or  rightfully  sold, 
pawned,  or  pledged,  by  the  person  offering  it,  shall  be  fined 
one  hundred  dgllars. 

§  5.  TIME  OF  RECEIVING  PROPERTY.]  No  pawnbroker  shall 
take  or  receive  in  pledge,  or  on  deposit,  of  any  person,  any 
article  of  property,  after  the  hour  of  nine  o'clock  in  the  even- 
ing, or  before  the  hour  of  seven  o'clock  in  the  morning  of  any 
day,  under  a  penalty  of  twenty -five  dollars. 

DIVISION  9. 
Porters  and  Runners. 

SECTION  1.  License— bond— penalty. 

"        2.  Rate  and  time  of  license. 

"        3.  License  for  house — proprietor  liable  for  fine. 

"        4.  Badge  worn — penalty. 

"        5.  Conduct  of  porters  and  runners — penalty. 

SECTION  1.  LICENSE — BOND — PENALTY.]  No  person  except 
as  hereinafter  provided  shall  pursue  the  calling  of  a  porter  or 
runner,  or  solicit  the  patronage  of  any  traveler  or  person 
for  any  hotel  or  public  house  within  the  city  of  Bloomington, 
or  solicit  passengers  upon  the  streets  of  said  city  for  the  county 


LICENSES.  45 

fair  grounds  without  first  obtaining  a  license  therefor  and 
executing  a  bond  to  said  city  in  the  penal  sum  of  two  hundred 
dollars,  conditioned  for  the  strict  observance  of  all  ordinances 
of  the  city  for  the  regulation  of  porters  and  runners.  Every 
violation  of  this  section  shall  subject  the  offender  to  a  penalty 
often  dollars. 

§  2.  RATE  AND  TIME  OF  LICENSE.]  License  of  porters  and 
runners  for  hotels  and  public  houses  shall  be  charged  for  at 
the  rate  of  twelve  dollars  per  year  each,  and  a  proportionate 
sum  for  each  shorter  period,  and  every  such  license  shall  ex- 
pire on  the  thirtieth  day  of  April  next  after  the  granting 
thereof.  Licenses  to  persons  soliciting  passengers  for  the  county 
fair  grounds  shall  be  charged  for  at  the  rate  of  two  dollars  per 
week,  and  no  license  shall  be  granted  for  that  purpose  for  a 
less  time  than  one  week. 

§  3.  LICENSE  FOR  HOUSE — PROPRIETOR  LIABLE  FOR  yiNES.] 
The  keeper  or  keepers  of  any  hotel  or  public  house  may  take 
out  a  license  for  such  hotel  or  house,  authorizing  the  keepers 
thereof  to  employ  a  suitable  and  well-behaved  person  to  rep- 
resent such  house  as  a  porter  or  runner,  and  such  person  shall 
then  be  authorized  to  act  as  such  without  further  license,  and 
such  porter  or  runner  may  then  be  changed  in  the  discretion 
of  the  person  or  firm  holding  the  license;  Provided,  that  in  no 
case  shall  two  or  more  persons  be  authorized  to  act  under  one 
license  at  the  same  time;  and  Provided  further,  that  the  person 
or  persons  holding  such  license  shall  be  liable  for  any  and  all 
fines  and  penalties  incurred  by  any  person  acting  under  the 
same  for  violating  any  ordinance  of  the  city  regulating  porters 
and  runners. 

§  4.  BADGE  WORN — PENALTY.]  Every  porter  or  runner 
while  about  his  business  shall  wear  conspicuously  on  some 
part  of  his  person  a  badge,  or  plate,  with  the  name  of  the 
hotel  or  house  for  which  he  is  soliciting  patronage  painted  or 
engraved  thereon  in  legible  characters.  Any  violation  of 
this  section  shall  subject  the  offender  to  a  penalty  of  five 
dollars. 

§  5.  CONDUCT  OF  PORTERS  AND  RUNNERS — PENALTY.]  No 
porter  or  runner  shall,  while  pursuing  his  calling,  leave  the 
door  of  his  vehicle,  or  speak  in  a  loud  or  boisterous  tone  or 
manner,  nor  use  any  coarse,  profane  or  obscene  language, 
nor  lay  hold  of  any  traveler  or  person,  or  of  any  article  of 
baggage,  unless  by  permission  of  the  owner  or  possessor  thereof, 
nor  in  any  manner  vex,  harass,  disturb  or  importune  any 
person,  nor  be  guilty  of  any  device,  deceit,  imposition  or  false 
representation  in  furtherance  of  his  business  to  the  annoyance 


46  ORDINANCES. 

or  detriment  of  any  person,  under  a  penalty  of  twenty-five 
dollars  for  such  offense. 

DIVISION  10. 
Scavengers. 

SECTION  1.  Scavenger's  license  and  bond. 

"         2.  Rate  and  time  of  scavenger's  license. 

"         3.  Construction  of  vehicle— penalty. 

•"        4.  Time  of  cleaning  privy  vaults,  etc.— penalty. 

SECTION  1.  SCAVENGER'S  LICENSE  AND  BOND — PENALTY]  No 
person  shall  carry  on  the  business  of  scavenger  within  the 
city  of  Bloomington  without  first  obtaining  a  license  therefor, 
and  executing  a  bond  with  securities  to  said  city,  conditioned 
that  the  person  so  licensed  shall  strictly  observe  all  ordinances 
of  the  city  of  Bloomington  touching  the  duties  of  scavengers, 
and  shalf  pay  all  fines  and  damages  incurred  by  him  as  such 
scavenger;  and  any  person  violating  any  provision  of  this 
section  shall  be  fined  twenty-five  dollars  for  each  offense. 

§  2.  RATE  AND  TIME  OF  SCAVENGER'S  LICENSE.]  Scavengers 
shall  pay  the  sum  of  twenty-five  dollars  per  year  for  license, 
or  a  proportionate  sum  for  any  shorter  period,  and  every  such 
license  shall  expire  on  the  thirtieth  day  of  April  next  after  the 
granting  thereof. 

§  3.  CONSTRUCTION  OF  VEHICLE — PENALTY.]  Every  vehicle 
used  to  transport  dung,  tilth,  offal,  or  any  offensive  material 
through  the  streets  of  the  city,  shall  be  fitted  with  a  tight  box, 
to  be  so  constructed  and  loaded  that  no  portion  of  the  offensive 
material  therein  conveyed  shall  escape  or  be  scattered  or  left 
upon  the  streets,  and  when  necessary  to  prevent  the  escape  of 
offensive  odors,  such  box  shall  be  tightly  covered.  Any 
scavenger  who  shall  use  in  his  business  any  vehicle  not  of  the 
construction  herein  specified,  or  who  shall  scatter,  leave  or 
deposit  any  filth,  offal  or  offensive  material  upon  any  street, 
alley  or  common,  within  the  city,  shall  be  fined  ten  dollars  for 
each  offense. 

§    4.      TlME  OF  CLEANING  PRIVY  VAULTS,  ETC. — PENALTY.]      No 

scavenger  or  other  person  shall  remove  the  contents  of  any 
privy  vault,  or  other  material  of  like  offensive  character 
situated  within  the  city  at  any  other  time  of  day  than  between 
the  hours  of  ten  o'clock  in  the  afternoon  of  any  day  and  five 
o'clock  in  the  morning  of  the  day  following  ;  and  any  person 
undertaking  any  such  job  of  work  shall  complete  the  same 
without  delay.  Any  person  violating  this  section  shall  be 
fined  ten  dollars. 


LICENSES.  47 


DIVISION  11. 
Shooting  Galleries. 

SECTION  1.    Shooting  galleries  licensed. 
"        2.    Rate  of  license. 
"        3.    Construction  of  license. 

SECTION  1.  SHOOTING  GALLERIES  LICENSED.]  No  person 
shall  own,  keep  or  run  any  shooting  gallery  or  place  for  target 
shooting,  without  first  obtaining  a  license  therefor,  under  a 
penalty  of  twenty-five  dollars  for  each  offense. 

§  2.  RATE  OF  LICENSE.]  The  rate  of  license  for  shooting 
galleries  and  places  for  target  shooting:,  shall  be,  for  one  year, 
ten  dollars ;  and  for  any  shorter  period,  the  sum  of  fifty  cents 
per  day  for  the  number  of  days  covered  by  the  license. 

§  3.  CONSTRUCTION  OF  LICENSE.]  No  license  shall  authorize 
the  firing  of  any  gun  or  any  firearm  within  the  city,  in  contra- 
vention of  any  ordinance  of  the  city,  nor  shall  it  authorize  the 
establishment  or  keeping  of  any  shooting  gallery  or  place  for 
target  practice  in  any  alley  of  the  city,  or  in,  or  upon,  any  un- 
inclosed  place,  nor  shall  any  such  gallery  or  place  for  target 
practice  be  kept  in  any  alley  or  uninclosed  place  within  the 
city,  under  a  penalty  of  twenty-five  dollars. 

DIVISION  12. 
Shows  and  Exhibitions. 

SKCTION  1.    Shows  and  exhibitions  to  be  licensed — penalty. 
"         2.    Rate  of  license. 
"        3.    Other  shows— indecent  play. 

SECTION  1.  SHOWS  AND  EXHIBITIONS  TO  BE  LICENSED — PEN- 
ALTY.] No  circus,  menagerie,  caravan,  theater,  concert,  min- 
strel performance,  panorama,  natural  or  artificial  curiosity, 
exhibition,  show,  entertainment  or  amusement  of  any  kind 
whatsoever,  for  the  witnessing  of  which  an  admission  fee  is 
charged,  (except  the  same  is  given  under  the  auspices  and  for 
the  benefit  of  some  home  association,  society  or  church,)  shall 
be  given,  exhibited  or  performed  within  the  city  of  Blooming- 
ton  without  a  license  therefor,  being  first  taken  out  by  the 
person  owning,  managing  or  exhibiting  the  same,  under  a 
penalty  of  one  hundred  dollars  for  each  such  exhibition  or 
performance. 

§  2.  RATE  OF*  LICENSE.]  The  charges  for  licenses  issued 
under  this  division  shall  be  as  follows  : 


48  ORDINANCES. 

,  Circuses,  Menageries  and  Hippodromes. 

For  one  day,  .  .  $100.00 

For  each  side  show  accompanying  same,  per 

day,  .  10.00 

Theaters,  Negro  Minstrel  Shows  and  Concerts. 
For  single  exhibition,      -  -  $10.00 

Kor  two  exhibitions,  -  -  -        15.00 

For  three  exhibitions,      ...  20.00 

For  six  exhibitions,  -  ...        25.00 

And  for  more  than  six  at  the  same  rate. 


For  single  exhibition,  ...         $5.00 

For  each  additional  exhibition,  after  first,  3.00 

Provided,  That  when  a  panorama  is  exhibited  in  connection 
with  a  play  and  accompanied  by  actors,  it  shall  be  charged  the 
same  rate  as  theaters. 

§  3.  OTHER  SHOWS — INDECENT  PLAY.]  Every  other  show  or 
exhibition  requiring  license  and  not  mentioned  in  section  two 
hereof,  shall  be  charged  at  the  rate  of  three  dollars  per  day, 
or  twelve  dollars  per  week:  Provided,  That  no  license  shall  be 
held  to  authorize  the  enacting  of  any  lewd  or  indecent  play 
or  exhibition  within  the  city. 

DIVISION  13. 
Vehicles. 

SECTION  1.  Vehicles  licensed— penalty. 

2.  Rate  of  license. 

3.  Number  of  license  painted  on  vehicle. 

4.  Tariff  of  rates  for  carrying  passengers  and  property. 

5.  Card  of  rates  to  be  kept  in  vehicle. 

6.  Refusal  to  transport— extortion— penalty. 

7.  Where  vehicles  shall  stand. 

SECTION  1.  VEHICLES  LICENSED — PENALTY.]  No  person  shall 
keep  or  use  for  hire  for  the  carrying  of  persons  or  property, 
within  the  city  of  Bloomington,  any  vehicle  of  any  description 
or  name,  without  first  having  obtained  a  license,  under  a 
penalty  of  ten  dollars  for  each  offense.  This  section  shall  not 
apply  in  the  case  of  livery  men  hiring  out  buggies  or  car- 
riages, or  doing  the  ordinary  business  incident  to  their  calling. 

§  2.  RATE  OF  LICENSE.]  The  City  Treasurer  shall  charge 
for  license  issued  under  this  division,  as  follows  : 

For  each  omnibus,  seven  dollars  and  fifty  £ents  per  quarter, 
or  thirty  dollars  per  year. 

For  each  hackney  coach  or  other  double  carriage  used  for 


LICENSES,  49 

conveying  passengers,  the  sum  of  five  dollars  per  quarter,  or 
twenty  dollars  per  year. 

For  each  cab  or  other  one-horse  vehicle  used  for  carrying 
passengers,  the  sura  of  two  dollars  and  fifty  cents  per  quarter, 
or  ten  dollars  per  year. 

For  each  two-horse  truck  or  dray  used  for  the  carriage  of 
freight  or  property,  the  sum  of  six  dollars  per  quarter,  or 
twenty -four  dollars  per  year. 

For  each  one-horse  dray,  cart,  city  express  wagon,  and  for 
each  common  two-horse  wagon,  the  sum  of  two  dollars  per 
quarter,  or  eight  dollars  per  year. 

Yearly  licenses  shall  expire  on  the  thirtieth  day  of  April 
next  after  granted ;  and  quarterly  licenses  shall  expire  on  the 
last  days  of  April,  July,  October  and  January,  respectively, 
after  the  dates  of  their  issue. 

§  3.  NUMBER  OF  LICENSE  PAINTED  ON  VEHICLE.]  Every 
person  keeping  or  using  any  vehicle  requiring  a  license  shall 
cause  the  number  of  the  license  of  such  vehicle  to  be  con- 
spicuously painted  or  placed  upon  the  same  where  it  can  be 
readily  seen,  and  on  refusing  or  failing  so  to  do  shall  be  fined 
ten  dollars  for  each  week  of  such  refusal  or  failure.  The  City 
Clerk  shall  procure  numbers  of  the  character  herein  provided 
for,  and  issue  them  without  charge  to  persons  receiving  li- 
censes. 

§  4.  TARIFF  OF  RATES  FOR  CARRYING  PASSENGERS  AND  PROP- 
ERTY.] Charges  for  the  transportation  of  persons  and  property 
shall  not  exceed  the  following  rates,  to-wit : 

For  carrying  each  passenger  between  any  two  points  within 
the  city,  including  one  trunk  and  other  ordinary  baggage,  the 
sum  of  fifty  cents. 

For  the  use  of  any  hackney  coach  or  other  two-horse  car- 
riage, with  driver,  by  the  hour,  with  the  privilege  of  going 
from  place  to  place,  and  stopping  as  often  as  desired,  the  sum 
of  one  dollar  per  hour. 

For  the  use  of  any  cab  or  other  one-horse  vehicle,  by  the 
hour,  with  driver,  with  the  privilege  of  going  from  place  to 
place,  and  stopping  as  often  as  desired,  the  sum  of  fifty  cents 
per  hour. 

For  carrying  merchandise  or  property  of  any  kind  between 
any  two  points  within  the  city  : 

Upon  two-horse  trucks  or  drays,  the  sum  of  one  dollar  per 
load. 

Upon  common  two-horse  farm  wagon,  the  sum  of  seventy- 
five  cents  per  load. 

—7 


50  ORDINANCES. 

Upon  any  city  express  wagon,  dray,  cart  or  other  one-horse 
vehicle,  the  sum  of  fifty  cents  per  load. 

§  5.  CARD  OF  RATES  TO  BE  KEPT  IN  VEHICLE.]  It  shall  he 
the  duty  of  every  person  owning,  using  or  driving  any  vehicle 
requiring  a  license,  to  keep  within  or  upon  said  vehicle  a 
printed  card  of  the  tariff  of  rates  fixed  in  the  last  preceding 
section,  and  any  violation  of  this  section  shall  subject  the 
offender  to  a  penalty  often  dollars. 

§  6.  REFUSAL  TO  TRANSPORT — EXTORTION — PENALTY.]  Every 
person  owning,  keeping  or  using  any  licensed  vehicle  within 
the  city,  who  shall  refuse  to  transport  any  person  or  property 
when  applied  to  at  the  rates  fixed  in  section  four  of  this  di- 
vision, or  who  shall  extort  or  demand  any  greater  sum  for 
the  carrying  of  any  person  or  property  than  therein  specified, 
shall  be  fined  ten  dollars  for  each  offense. 

§  7.  WHERE  VEHICLES  SHALL  STAND.]  No  hack,  carriage  or 
other  vehicle  used  for  carrying  passengers,  shall  stand  or  wait 
for  employment  within  said  city  except  adjoining  the  sidewalk 
upon  the  north  or  west  side  of  the  court  house  square  ;  and  no 
dray,  cart,  truck,  or  other  vehicle  used  for  transporting  prop- 
erty shall  stand  or  wait  for  employment  within  said  city  except 
adjoining  the  sidewalk  upon  the  south  or  east  side  of  said 
square.  Any  person  violating  any  provision  of  this  section 
shall  be  fined  five  dollars  for  each  offense, 

DIVISION  14. 
Sundry  Avocations. 

SECTION  1.    Insurance  companies  licensed — time — penalty. 

2.    Bill  posters  liceHsed — rate  and  time — penalty. 
"        3.    Lung  testers,  etc.,  licented. 

SECTION  1.  INSURANCE  COMPANIES  LICENSED — TIME — PENAL- 
TY.] Every  fire,  life  or  accident  insurance  company  doing 
business  within  the  city  of  Bloomington,  or  keeping  or  having 
any  agent  therein  for  the  purpose  of  soliciting  or  receiving 
risks  in  behalf  of  said  company  shall  be  required  to  take  out 
a  license,  and  for  failure  or  refusal  to  do  so  shall  be  fined  fifty 
dollars.  The  rate  of  license  to  insurance  companies  shall  be 
ten  dollars  per  year  each,  or  a  proportionate  sum  for  any  shorter 
period,  and  every  license  granted  hereunder  shall  expire  on 
the  30th  day  of  April  next  after  the  granting  thereof. 

§  2.  BILL-POSTERS  LICENSED — RATE  AND  TIME — PENALTY.] 
No  person  shall  engage  in  the  business  of  bill-posting  within 
said  city  without  first  having  obtained  a  license  therefor,  for 


LIQUOKS.  51 

which  shall  be  charged  ten  dollars  per  year  or  a  proportionate 
sum  for  any  shorter  period,  and  every  such  license  shall  ex- 
pire on  the  30th  day  of  April  next  after  the  granting  thereof. 
Any  person  who  shall  pursue  the  calling  of  a  bill-poster  with- 
out being  licensed  as  in  this  section  provided,  shall  be  fined 
ten  dollars  for  each  offense. 

§  3.  LUNG  TESTERS,  ETC.  LICENSED.]  N"o  person  shall 
exhibit  any  lung  tester,  lifting  apparatus,  galvanic  battery  or 
other  machine,  instrument  or  device,  for  profit  or  gain  with- 
out first  obtaining  a  license,  for  which  shall  be  paid  at  the  rate 
of  one  dollar  per  day,  under  a  penalty  of  five  dollars  for  each 
offense. 


CHAPTER  X. 

LIQUORS. 

SECTION  1.  Selling  liquor  without  license— rate  of  license. 

"  "    2.  Application — license — bond. 

"  3.  Terms  and  condition  of  bond — penalty. 

"  4.  Dram-shop  defined— license  therefor — penalty. 

"  5.  Selling  or  giving  to  minor  or  drunkard. 

"  6.  Dram-shop  open  on  Sunday — time  of  closing  same. 

"  7.  Shifts  or  devices — intoxicating  liquors  defined. 

SECTION  1.  SELLING  LIQUOR  WITHOUT  LICENSE — RATE  OP  LI- 
CENSE.] Whoever  by  himself  or  another,  either  as  principal, 
agent,  clerk  or  servant,  shall  directly  or  indirectly  sell  any 
spirituous,  vinous,  mixed,  malt  or  fermented  liquors  within 
the  city  of  Bloomington,  without  first  obtaining  a  license  there- 
for as  hereinafter  provided,  shall  upon  conviction  be  fined  one 
hundred  dollars  for  each  offense.  The  rate  of  license  for 
selling  liquor  shall  be  fifty  dollars  per  month. 

§  2.  APPLICATION — LICENSE — BOND.]  Every  application  for 
a  license  to  sell  liquor  shall  state  the  place  where  and  the  per- 
son in  whose  name  the  husiness  is  to  be  conducted,  and  the 
license  issued  in  pursuance  thereof  shall  in  its  terms  be  limited 
to  the  person  and  the  place  so  specified.  No  license  shall 
be  granted  hereunder  for  a  longer  time  than  one  mouth  ;  and 
every  license  shall  expire  at  the  end  of  the  month  during 
which  it  is  granted.  Ko  such  license  shall  be  granted  until 
the  applicant  shall  have  given  bond,  as  hereinafter  provided. 

§  3.  TERMS  AND  CONDITION  OF  BOND — PENALTY.]  Before 
receiving  a  license  every  applicant  shall  give  bond  as  provided 
in  section  five,  chapter  forty-three,  of  the  revised  statutes  of 


52  ORDINANCES. 

the  State  of  Illinois,  of  the  year  1874 ;  but  in  addition  to  the 
condition  therein  prescribed,  said  bond  shall  be  farther  con- 
ditioned that  such  applicant  will  pay  all  fines,  penalties  and 
forfeitures,  which  may  be  assessed  against  him  during  the 
continuance  of  such  license  for  any  violation  of  any  provision 
of  the  ordinances  of  said  city  respecting  the  sale  of  liquors. 
Whoever  shall  sell  any  spirituous,  vinous,  mixed,  malt  or  fer- 
mented liquors,  without  first  having  given  bond  as  herein 
provided,  shall,  on  conviction,  be  fined  one  hundred  dollars  for 
each  offense. 

§  4.  DRAM-SHOP  DEFINED — LICENSE  THEREFOR  —  PENALTY.] 
Every  room  or  place  where  for  any  consideration  directly  or 
indirectly  paid  or  received,  intoxicating  liquor  is  allowed  to  be 
drunk,  is  hereby  declared  to  be  a  dram-shop ;  and  whoever 
shall  by  himself,  agent,  clerk  or  servant,  or  as  the  agent,  clerk 
or  servant  of  another,  keep  any  dram-shop  within  said  city 
without  first  having  obtained  a  license  therefor  as  above  pro- 
vided, shall,  on  conviction,  be  fined  one  hundred  dollars  for 
each  offense. 

§  5.  SELLING  OR  GIVING  TO  MINOR  OR  DRUNKARD.]  Whoever 
by  himself,  agent,  clerk  or  servant,  or  as  the  agent,  clerk  or 
servant  of  another,  shall  sell  or  give  any  intoxicating  liquor 
to  any  minor,  without  the  written  order  of  his  parent,  guardian 
or  family  physician,  or  to  any  person  intoxicated,  or  who  is  in 
the  habit  of  getting  intoxicated,  shall,  for  each  offense,  be 
fined  one  hundred  dollars. 

§  6.  DRAM-SHOP  OPEN  ON  SUNDAY — TIME  OF  CLOSING  SAME.] 
Whoever  shall,  within  said  city,  sell  any  intoxicating  liquor  on 
the  Sabbath  day,  or  night,  or  whoever  shall  on  that  day  keep 
open  any  dram-shop,  tippling-house  or  saloon,  or  any  room, 
or  place,  where  intoxicating  liquors  are  sold  or  kept  for  sale 
on  other  days  of  the  week,  or  whoever  being  the  owner  or 
keeper  of  any  such  dram-shop,  tippling-house,  saloon,  room 
or  place,  shall  fail  to  close  the  same  at  the  hour  of  eleven  o'clock 
in  the  evening  of  each  week  day,  and  keep  the  same  closed 
until  the  hour  of  five  o'clock  in  the  morning  of  the  day  follow- 
ing, shall,  for  each  offense,  be  fined  one  hundred  dollars. 

§  7.  SHIFTS  OR  DEVICES — INTOXICATING  LIQUORS  DEFINED.] 
The  giving  away  of  intoxicating  liquor,  or  other  shift  or  device 
to  evade  the  provisions  of  this  chapter,  shall  be  deemed  to  be 
an  unlawful  selling  within  the  meaning  of  the  same ;  and 
the  term  intoxicating  liquors  shall,  within  the  meaning  of  this 
chapter,  be  deemed  to  include  all  spirituous,  vinous,  mixed, 
malt  or  fermented  liquors,  and  all  mixtures,  any  part  of  which 
is  any  of  said  kind  of  liquor. 


MISDEMEANORS.  53 

CHAPTER  XI. 

MISDEMEANORS. 

DIVISION  1.— OFFENCES  AGAINST  THE  PUBLIC  PEACE  AND  QUIET. 
"  2.— OFFENCES  AGAINST  PUBLIC  MORALS  AND  DECENCY. 
"  3.— OFFENCES  AGAINST  PUBLIC  SAFETY,  CONVENIENCE  AND 

HEALTH. 

"       4. — OFFENCES  CONCERNING  PROPERTY. 
u       5.— VAGRANTS. 

"       (>.— OFFENCES  AGAINST  OFFICIAL  AUTHORITY. 
"       7. — GENERAL  PROVISIONS. 
"       8. — PROCEEDINGS  TO  RECOVER  FINES  AND  PENALTIES. 


DIVISION  1. 
Offences  against  the  Public  Peace  and  Quiet. 

SKCTION  1.  Assault — assault  and  battery,  etc. 

2.  Disorderly  conduct — breach  of  the  peace. 

3.  Disturbing  peace  of  city  or  family. 

4.  Traducing — challenging — fighting,  etc. 

5.  Collecting  in  crowds,  etc. 

6.  Disturbing  congregation  or  assembly. 

7.  Disturbing  funeral. 

8.  Sunday  labor  or  amusement. 

9.  Carrying  weapons. 
•        10.  Judgment  entry. 

'       11.    False  alarm,  etc. 

SECTION  1.  ASSAULT — ASSAULT  AND  BATTERY,  ETC.]  Any 
person  who  shall  commit  an  assault,  or  an  assault  and  battery 
upon  the  person  of  another,  or  who  shall  be  guilty  of  an  affray 
within  the  limits  of  the  city  of  Bloomington,  shall,  on  convic- 
tion, be  fined  not  less  than  three  dollars  nor  more  than  one 
hundred  dollars. 

§  2.  DISORDERLY  CONDUCT — RREACH  OF  THE  PEACE.]  Any 
person  who  shall  be  guilty  of  disorderly  conduct,  or  of  making 
a  disturbance,  or  a  breach  of  the  peace  within  said  city,  shall, 
on  conviction,  be  fined  not  less  than  one  dollar  nor  more  than 
fifty  dollars. 


54  ORDINANCES. 

§  3.  DISTURBING  PEACE  OF  CITY  OR  FAMILY.]  Any  person 
who  shall  disturb  the  peace  and  quiet  of  the  city,  or  of  any 
private  family  or  person,  by  loud  and  unusual  noise,  or  by 
tumultuous  or  offensive  carriage,  or  by  cursing,  shouting, 
hallooing,  threatening,  or  other  boisterous  or  unseemingly 
conduct,  shall,  on  conviction,  be  fined  not  less  than  three  dol- 
lars nor  more  than  twenty-five  dollars. 

§  4.  TRADUCING — CHALLENGING — FIGHTING,  ETC."  If  any  per- 
son shall  threaten,  or  traduce  another,  or  shall  use  any  lan- 
guage or  indulge  in  any  conduct  toward  another  tending  to 
produce  a  disturbance  of  the  peace,  or  shall  challenge  another 
to  fight,  or  if  any  two  persons  shall  agree  to  fight,  or  shall,  by 
agreement,  actually  fight,  each  person  so  offending  shall,  on 
conviction,  be  fined  not  less  than  two  dollars  nor  more  than 
fifty  dollars. 

§  5  COLLECTING  IN  CROWDS,  ETC.]  All  persons  who  shall 
collect  in  crowds  within  said  city,  for  unlawful  purposes,  or 
for  any  purpose  to  the  annoyance  or  disturbance  of  citizens  or 
travelers,  shall  be  severally  subject  to  a  fine  of  not  less  than 
two  dollars  nor  more  than  twenty  dollars,  and  to  a  further  fine 
of  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  upon 
refusal  to  disperse  after  being  requested  so  to  do  by  any  city 
officer. 

§  6.  DISTURBING  CONGREGATION  OR  ASSEMBLY.]  Any  person 
who  shall  disturb  or  disquiet  any  congregation  or  assembly 
met  for  religious  worship,  or  for  any  other  lawful  purpose,  by 
making  any  noise,  or  by  rude  or  indecent  behavior,  or  by 
profane,  obscene  or  improper  discourse  or  conduct  within  the 
sight  or  hearing  of  such  congregation  or  assembly,  shall,  on 
conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars. 

§  7.  DISTURBING  FUNERAL.]  Whoever  wilfully  interrupts 
or  disturbs  a  funeral  assembly  or  procession,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

§  8.  SUNDAY  LABOR  OR  AMUSEMENT.]  Whoever  shall  within 
the  limits  of  said  city,  disturb  the  peace  and  good  order  of 
society  by  labor  or  amusement  on  Sunday,  (works  of  necessity 
and  charity  excepted,)  shall,  on  conviction,  be  fined  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars. 

§  9.  CARRYING  WEAPONS.]  Whoever  shall,  within  said  city, 
carry  or  wear  under  his  clothes,  or  concealed  about  his  person, 
any  weapon,  shall  be  finad  not  less  than  one  dollar  nor  more 
than  twenty  dollars  for  each  offense,  and  shall,  in  addition, 
forfeit  to  the  city  of  Bloomington  the  weapon  so  carried. 
This  section  shall  not  apply  to  officers  carrying  weapons  in  the 
discharge  of  their  official  duties. 


MISDEMEANORS.  55 

§  10.  JUDGMENT  ENTRY.]  Whenever  any  person  shall  be 
convicted  of  carrying  any  weapon  in  violation  of  the  preced- 
ing section,  it  shall  be  the  duty  of  the  magistrate  before  whom 
such  conviction  is  had,  to  enter  upon  his  docket  as  a  part  of 
the  judgment  in  such  cause,  the  forfeiture  of  the  weapon  so 
carried,  which  entry  may  be  substantially  as  follows: 

"  And  it  is  further  considered  by  the  court,  that  the  said 
defendant  do  forfeit  and  deliver  to  the  city  of  Bloomington 
the  said  weapon,  to-wit:  (here  describe  weapon :)"  and  there- 
rponthe  City  Marshal  shall  take  possession  of  such  weapon 
and  keep  the  same,  subject  to  the  direction  of  the  City 
Council. 

§  11.  FALSE  ALARM,  ETC.]  Whoever  shall  make  a  false 
alarm  of  fire,  or  any  false  cry  for  assistance ;  or  whoever  shall, 
without  permission  of  the  Mayor,  use  or  employ  any  device, 
noise  or  performance,  tending  to  cause  the  collection  of  per- 
sons on  any  street,  sidewalk,  or  other  public  place,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

DIVISION  2. 
Offences  against  Public  Morals  and  Decency. 

SECTION  1.  Exhibiting  jack  or  stud,  etc. 

'•         2.  Indecent  exposure,  etc. 

3.  Sale  of  obscene  books,  etc. 

4.  Having  obscene  books,  etc.,  in  possession. 

5.  Obscene  play 

6.  Obscene  writing  or  figures. 

7.  Disorderly  house. 

8.  House  of  ill-fame. 

9.  Inmate  of  bawdy-house,  etc. 

10.  Gaming  house. 

11.  Inmate  of  gaming  house — betting. 

12.  Lotteries  prohibited, 

13.  Cruelty  to  animals. 

14.  Drunkenness. 

SECTION  1.  EXHIBITING  JACK  OR  STUD,  ETC.]  Whoever  shall 
indecently  exhibit  any  jack  or  stud,' in  any  street  or  public 
place  within  said  city,  or  shall  let  any  such  jack  or  stud  to  any 
mare,  except  in  some  inclosed  place  out  of  the  public  view, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars. 

§  2.  INDECENT  EXPOSURE,  ETC.]  Whoever  shall  appear  in 
any  public  place,  or  in  any  place  exposed  to  the  public  view, 
within  said  city,  in  a  state  of  nudity,  or  in  a  dress  not  belong- 
ing to  his  or  her  sex,  or  in  an  indecent  or  lewd  dress,  or  shall 
make  any  indecent  exposure  of  his  or  her  person,  or  be  guilty 
of  any  lewd  or  indecent  act  or  behavior,  shall,  on  conviction, 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 


56  ORDINANCES. 

§  3.  SALE  OF  OBSCENE  BOOKS,  ETC.]  "Whoever  shall  bring 
within  the  limits  of  said  city  for  the  purpose  of  sale,  or  shall 
sell  or  offer  to  sell,  or  shall  give  away  or  offer  to  give  away,  or 
shall  make,  draw,  print  or  publish,  within  said  city,  any  ob- 
scene, indecent,  or  scandalous  book,  pamphlet,  newspaper, 
journal,  print,  publication,  slip,  paper  or  writing,  of  any  kind 
or  character,  or  any  obscene,  indecent,  or  scandalous  picture, 
drawing,  engraving,  card,  photograph,  model,  cast  or  instru- 
ment, or  any  article  of  indecent  or  immoral  use,  shall,  on  con- 
viction, be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  offeiise. 

§  4.  HAVING  OBSCENE  BOOKS,  ETC.,  IN  POSSESSION.]  Whoever 
shall  keep  or  have  in  his  possession,  within  said  city,  any  of 
the  obscene  or  indecent  articles  or  things  mentioned  in  the 
last  preceding  section,  with  or  without  intent  to  sell  or  dispose 
of  the  same,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars. 

§  5.  OBSCENE  PLAY.]  Whoever  shall  exhibit  or  perform,  or 
shall  assist  in  exhibiting  or  performing  any  indecent,  obscene, 
or  lewd  play,  exhibition  or  other  representation,  or  shall  per- 
mit the  same  to  be  performed  in  any  building  or  premises 
owned  or  controlled  by  him,  shall  be  fined  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

§  6.  OBSCENE  WRITING  OR  FIGURE.]  Whoever  shall  in  any- 
place open  to  public  view,  write,  mark,  draw,  cut,  or  make 
any  obscene  or  indecent  word,  sentence,  design  or  figure, 
shall  be  subject  to  a  penal ty  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

§  7.  DISORDERLY  HOUSE.]  Whoever  shall  keep  a  common 
ill-governed,  or  disorderly  house,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

§  8.  HOUSE  OF  ILL-FAME.]  Whoever  shall  keep  or  main- 
tain within  said  city  any  bawdy  house,  house  of  ill-fame,  or 
any  place  for  the  practice  of  fornication,  or  shall  knowingly 
permit  any  building  or  place  owned  by  him  or  under  his  con- 
trol to  be  used  for  that  purpose,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  and  be 
subject  to  a  further  penalty  of -twenty-five  dollars  per  day  for 
each  day  such  house  shall  be  continued  after  the  first  con- 
viction. 

§  9.  INMATE  OF  BAWDY-HOUSE,  ETC.]  Whoever  shall  be  an 
inmate  of  any  bawdy-house,  house  of  ill-fame,  or  of  anyplace 
for  the  practice  of  fornication,  or  shall  in  any  way  contribute 
to  the  support  thereof,  or  be  connected  therewith,  or  whoever 


MISDEMEANORS.  57 

shall  be  found  therein,  shall,  for  each  offense,  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars. 

§  10.  GAMING  HOUSE.]  Whoever  shall  keep  or  maintain 
any  gaming  house  or  room,  or  any  place  where  betting  is 
done,  within  said  city,  or'  shall  knowingly  permit  any  such 
house,  room,  or  place  to  be  so  kept  in  or  upon  any  building 
or  premises  owned  or  controlled  by  him,  or  whoever  shall 
procure  or  permit  any  persons  to  come  together  in  any  house 
or  place  occupied  or  owned  by  him  or  under  his  control,  for 
the  purpose  of  playing  for  money  or  other  valuable  thing  at 
any  game,  or  whoever  shall  keep  or  permit  to  be  used  in  any 
building  or  place  used,  occupied,  controlled  or  owned  by  such 
person,  any  keno  table,  faro  bank,  shuffle  board,  cards,  or 
any  other  instrument,  device,  or  thing  commonly  used  for  the 
purpose  of  gaming,  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

§  11.  INMATE  OF  GAMING  HOUSE — BETTING.]  Whoever  shall 
be  an  inmate  of  any  gaming  house  or  room,  within  said  city, 
or  shall  be  in  any  way  connected  therewith,  or  shall  frequent 
the  same,  or  shall  be  found  therein,  or  whoever  shall, 'within 
said  city,  play  for  money  or  other  valuable  thing  at  any  game 
with  cards,  dice,  checks,  billiards,  or  any  other  article,  instru- 
ment, device,  or  thing  whatsoever,  or  whoever  shall  bet  on 
any  such  game  when  played,  or  to  be  played  by  others,  or 
whosoever  shall  be  guilty  of  selling  pools  within  said  city, 
shall,  on  conviction,  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

§  12.  LOTTERIES  PROHIBITED.]  Whoever  shall  maintain, 
or  run,  or  be  in  any  way  connected  with,  any  lottery,  or  any 
establishment,  enterprise  or  business,  by  whatever  name  the 
same  may  be  known,  wherein  any  property  is  sold  or  disposed 
of  by  chance,  or  whoever  shall  permit  any  such  lottery,  estab- 
lishment, enterprise  or  business  in  any  building  or  premises 
owned  or  controlled  by  him,  or  whoever  shall,  within  said 
city,  sell  or  dispose  of  any  lottery  ticket  or  share,  or  any 
chance,  or  any  article  or  thing  entitling  or  purporting  to  en- 
title the  purchaser  thereof  to  any  chance,  or  whoever  shall 
within  said  city  sell  or  dispose  of  any  package  or  article  pur- 
porting to  contain  a  prize,  or  where,  as  an  inducement  to  pur- 
chase, it  is  held  out  that  such  article  or  package  may  contain 
a  prize,  or  may  entitle  the  purchaser  to  some  article  or  thing 
of  value  not  directly  contemplated  and  known  in  the  pur- 
chase, shall,  on  conviction,  be  fined  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offense, 

—8 


58  ORDINANCES. 

§  13.  CRUELTY  TO  ANIMALS.]  "Whoever  shall  in  any  man- 
ner or  by  any  means  be  guilty  of  cruelty  to  any  dumb  animal, 
or  shall  be  guilty  of  turning  out  and  abandoning  any  old, 
decrepit,  or  worthless  animal  upon  the  public  streets  or  com- 
mons, shall  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

§  14.  DRUNKENNESS.]  Whoever  shall  be  drunk,  or  shall 
be  in  a  state  of  intoxication  in  any  public  place  within  said 
city,  or  in  any  private  house  or  place  to  the  annoyance  of  any 
person,  shall  be  fined  not  exceeding  twenty-five  dollars. 

DIVISION  3. 
Offenses  Against  Public  Safety,  Convenience  and  Health. 

SECTION  1.  Firing  guns,  fire -crackers,  etc. 

2.  Immoderate  driving. 

3.  Poison — failing  to  mark. 

4.  Dangerous  sports — kite-flying. 

5.  Scaring  horses,  etc. 

6.  Leaving  animals  unfastened. 

7.  Runaway  horses,  etc. 

?.  Vehicles  to  pass  to  the  right— penalty. 

,  Weighing  of  gunpowder — kerosene. 

10.  Vicious  animals  at  large 

11.  Placing  or  occupying  chairs  in  aisles. 

12.  Wilfully  turning  stream  of  water  upon  any  person. 

13.  Unwholesome  provisions. 

"       14.  Bringing  smallpox,  etc.,  into  city. 

"       15.  Nurse  not  to  go  upon  streets,  etc. 

"       16.  Attending  physician. 

"       17.  Removal  or  patients— duty  of  health  officer  or  Marshal — placards,  etc. 

SECTION  1.  FIRING  CANNON,  GUNS,  FIRE-CRACKERS,  ETC.]  Who- 
ever shall  fire  or  discharge  any  cannon,  gun,  pistol,  revolver, 
or  any  firearm  of  any  description,  or  shall  fire,  explode  or 
set  off  any  squib,  fire-cracker,  torpedo,  or  other  thing  con- 
taining powder,  or  other  explosive  material,  without  permission 
from  the  Mayor  or  City  Council  so  to  do,  shall  be  fined  not 
less  than  two  dollars  nor  more  than  twenty  dollars.  Such 
permission,  when  given,  shall -definitely  limit  the  time  of  such 
firing,  and  may  at  any  time  be  revoked. 

§  2.  IMMODERATE  DRIVING.]  Whoever  shall  immoderately 
ride  or  drive  any  horse,  mule  or  other  animal,  in  any  avenue, 
street  or  alley  of  said  city,  or  whoever  shall  wilfully  or  heed- 
lessly drive  any  such  animal,  so  that  such  animal  or  any  vehicle 
attached  thereto  shall  come  in  collision  with  any  other  vehicle, 
or  shall  strike  against  any  person,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

§  3.  POISON — FAILING  TO  MARK.]  Whoever  shall  knowingly 
deliver  to  another  any  deadly  poison  without  legibly  marking 
the  same  with  the  word  "poison,"  shall  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars, 


MISDEMEANORS.  59 

§  4.  DANGEROUS  SPORTS — KITE-FLYING.]  Whoever  shall, 
within  the  streets  of  said  city,  engage  in  any  sport,  amuse- 
ment or  exercise  likely  to  scare  horses  or  embarrass  the  passage 
of  vehicles,  or  whoever  shall  raise  or  fly  any  kite  in  any  part 
of  said  city  devoted  to  business,  shall  be  fined  not  less  than 
one  dollar  nor  more  than  twenty  dollars. 

§  5.  SCARING  HORSES,  ETC.]  Whoever  shall  by  any  means, 
either  wilfully  or  for  want  of  reasonable  care  frighten  any 
horse,  mule  or  other  animal,  being  at  the  time  attached  to  any 
vehicle,  or  in  charge  of  any  person,  shall  be  fined  not  less 
than  five  dollars  nor  mWe  than  fifty  dollars. 

§  6.  LEAVING  ANIMALS  UNFASTENED.]  Whoever  shall  leave 
any  horse,  mule  or  other  animal,  attached  to  any  vehicle  or 
conveyance,  in  any  uninclosed  place  without  being  securely 
fastened  or  guarded,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  twenty  dollars. 

§  7.  RUNAWAY  HORSES,  ETC.]  No  person  shall  take  or  have 
upon  any  street  of  said  city  any  horse,  mule  or  team  attached 
to  any  vehicle,  the  same  being  unmanageable  or  having  a 
known  propensity  to  run  away,  or  being  in  the  habit  of  run- 
ning away,  under  a  penalty  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

§  8.  VEHICLES  TO  PASS  TO  THE  RIGHT — PENALTY.]  Any 
person  driving  any  vehicle  upon  any  street  or  thoroughfare  of 
said  city  shall,  upon  meeting  any  other  vehicle,  turn  oft'  and 
pass  to  the  right,  and  for  each  violation  hereof  the  person 
offending  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars ;  Provided,  that  where  any  street 
railway  track  is,  or  may  be  laid  in  any  street,  each  side  thereof 
shall  be  considered  a  street  within  the  meaning  of  this  section. 

§  9.  WEIGHING  OF  GUNPOWDER— KEROSENE.]  No  person 
shall  by  gas-light,  lamp-light,  or  any  artificial  light,  weiirh  any 
gunpowder  or  gun-cotton,  or  draw  any  kerosene  oil  or  burning 
fluid  from  any  cask  or  barrel,  under  a  penalty  of  not  exceeding 
twenty-five  dollars  for  each  oftense. 

§  10.  Vicious  ANIMAL  AT  LARGE.]  Whoever  being  the 
owner  of,  or  having  in  his  charge  any  vicious  animal,  shall 
permit  the  same  to  go  at  large  in  any  public  street  or  place 
within  said  city,  shall  be  fined  twenty-five  dollars,  and  each 
day  or  part  day  of  running  at  large  shall  constitute  a  separate 
oftense.  It  shall  be  no  defense  to  an  action  under  this  section, 
that  the  defendant  did  not  know  the  vicious  character  of  the 
animal,  or  did  not  mean  or  intend  such  animal  to  go  at  large  ; 
but  proof  of  viciousness  and  of  running  at  large,  shall  be  suffi- 
cient to  warrant  a  conviction. 


60  ORDINANCES. 

§  11.  PLACING  OR  OCCUPYING  CHAIRS  IN  AISLES.]  Whoever 
shall  place  or  occupy  any  chair  or  seat  in  any  aisle  or  passage 
way  of  any  church,  hall  or  other'  public  building,  during  the 
time  of  any  meeting  or  assembly  of  persons  therein,  shall  be 
fined  not  less  than  three  dollars  nor  more  than  twenty  dollars, 
for  each  chair  or  seat  so  placed  or  occupied. 

§  12.  WILFULLY  TURNING  STREAM  OF  WATER  UPON  ANY  PER- 
SON.] Whoever  shall  wilfully  turn  a  stream  of  water  from  any 
fire  hose  upon  any  person,  or  upon  a,ny  private  premises,  on 
the  occasion  of  any  exhibition  or  tournament,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  twenty  dollars. 

§  13.  UNWHOLESOME  PROVISIONS.]  Whoever  shall  sell,  or  ex- 
pose for  sale,  within  the  city,  any  article  of  provision  or  food 
whatever,  other  than  fresh  meat,  which  from  any  cause  may  be 
unwholesome,  or  unfit  for  food,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

§  14.  BRINGING  SMALLPOX,  ETC.,  INTO  THE  CITY.]  Whoever 
shall  bring  into  said  city  any  person  having  the  smallpox,  or 
other  infectious  or  contagious  disease,  or  any  garment,  article 
of  apparel,  or  other  thing  infected  with  smallpox,  or  other 
infectious  or  contagious  disease,  shall  be  fined  not  less  than 
twrenty  dollars  nor  more  than  one  hundred  dollars. 

§  15.  NURSE  NOT  TO  GO  UPON  THE  STREET,  ETC.]  No  person 
attending  on  any  person  having  the  smallpox,  or  other  deadly, 
contagious  disease,  as  nurse,  or  otherwise,  (excepting  as  at- 
tending physician)  shall,  while  in  such  attendance,  go  upon 
any  street,  or  other  public  place  in  said  city,  under  a  penalty 
of  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
oifense. 

§  16.  ATTENDING  PHYSICIAN.]  No  physician,  who  may  be 
attending  upon  any  patient  having  the  smallpox,  or  other 
deadly,  contagious  disease,  shall  leave  the  house,  or  go  upon 
the  street  after  a  visit  to  such  patient's  bedside,  without  chang- 
ing his  clothing,  under  a  penalty  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  offense. 

§  17.  REMOVAL  OF  PATIENTS — DUTY  OF  HEALTH  OFFICER  OR 
MARSHAL — PLACARDS,  ETC.]  When  any  case  of  smallpox,  or 
other  fatal  contagious  disease  shall  occur  within  said  city,  it 
shall  be  the  duty  of  the  person  at  whose  house  the  same  may 
occur,  to  notify  the  Health  Officer  thereof,  or  if  there  be  no 
Health  Officer  on  duty,  then  the  City  Marshal ;  and  if  the 
patient  be  at  any  hotel,  railroad  depot,  or  other  public  house 
or  place,  it  shall  be  the  duty  of  the  Health  Officer  or  Marshal 
to  remove  such  patient  to  some  place  to  be  designated  by  the 
Mayor  or  Board  of  Health,  where  danger  from  contagion 


MISDEMEANORS.  61 

will  be  avoided,  and  there  provide  for  the  custody,  medical 
treatment,  and  nursing  of  such  patient ;  and  it  shall  be  the 
further  duty  of  said  Marshal  to  cause  a  placard  to  be  posted 
at  or  near  the  front  door  of  every  private  house  within  said 
city  during  the  prevalence  of  smallpox,  or  other  fatal  contagious 
disease  therein.  Any  person  violating  any  provision  of  this 
section,  or  failing  to  perform  any  duty  herein  imposed,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars, 

DIVISION  4. 
Offenses  concerning  Property. 

SKOTION  1.  Injury  to  pavement,  etc.— obstructing  public  improvement. 

2.  Injury  to  bridges,  buildings,  etc. 

3.  Driving  upon  sidewalk  or  lawn. 

4.  Placing  rubbish  on  sidewalk  or  street. 

5.  Suffering  snow  to  remain  on  sidewalk  or  footway. 

6.  Suffering  ice  or  dirt  to  remain  on  sidewalk  or  footway. 

7.  Feeding  animals  within  fire  limits  or  on  paved  street— turning  same 

into  public  inclosure. 

8.  Hitching  animal  to  tree,  lamp-post,  etc. — injury  to  same. 

9.  Throwing  stones,  etc. 

10.  Trespass  to  private  premises. 

11.  Lighting  or  extinguishing  street  lamps,  etc. 

12.  Taking  water  from  city  cisterns  or  wells. 

13.  Vehicles  standing  on  streets. 

14.  Getting  upon  cars  while  in  motion. 

15.  Ball  playing  upon  public  grounds. 

16.  Obstructing  streets,  sidewalks,  etc. 

17.  Driving  vehicle  over  flre  hose. 

18.  Digging  and  removing  earth  from  street,  etc. 

19.  Market  place  for  hay,  straw,  wood,  etc. 

20.  Excavations  in  streets  and  alleys. 

SECTION  1.  INJURY  TO  PAVEMENT,  ETC. — OBSTRUCTING  PUBLIC 
IMPROVEMENT.]  Whoever  shall  tear  up  or  injure  any  pave- 
ment, sidewalk,  crosswalk,  drain  or  sewer,  or  shall  hinder  or 
obstruct  the  making  or  repairing  of  the  same,  or  of  any  other 
public  work  or  improvement  being  done  under  city  authority, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

§  2.  INJURY  TO  BRIDGES,  BUILDINGS,  ETC.]  Whoever  shall 
wantonly  destroy,  injure,  mark  or  write  upon,  or  otherwise 
deface  any  bridge  or  its  appurtenaces,  or  any  engine  house, 
building,  hitching-post,  awning,  fence,  railing,  or  other  prop- 
erty, public  or  private,  not  being  his  own,  within  said  city, 
shall  be  fined  not  less  than  one  dollar  nor  exceeding  one  hun- 
dred dollars. 

§  3.  DRIVING  UPON  SIDEWALK  OR  LAWN.]  Whoever  shall 
lead,  drive  or  ride  any  horse,  mule,  or  other  like  animal,  upon 
or  over  any  lawn  or  sidewalk  in  said  city,  except  at  the  en- 


62  ORDINANCES. 

trance  to  some  building  or  premises,  or  shall  suffer  any  such 
animal  or  any  vehicle  thereto  attached,  to  be  or  remain  upon 
any  such  sidewalk  or  any  crossing,  to  the  obstruction  of  travel 
thereon,  shall  be  fined  not  exceeding  ten  dollars. 

§  4.  PLACING  RUBBISH  ON  SIDEWALK  OR  STREET.]  Whoever 
shall  place  upon  any  sidewalk,  paved  street,  or  any  gutter  of 
any  street  within  said  city,  any  straw,  dirt,  filth,  ashes,  chips, 
shells,  paper,  or  other  rubbish,  or  whoever  shall  place  upon 
any  unpaved  street  any  article  of  rubbish  aforesaid,  excepting 
ashes,  shall  be  fined  not  less  than  one  dollar  nor  more  than 
ten  dollars,  and  be  subject  to  a  like  penalty  for  every  twelve 
hours  such  rubbish  shall  be  suffered  to  remain  after  notice 
from  any  city  officer  to  remove  the  same. 

§  5.  SUFFERING  SNOW  TO  REMAIN  ON  SIDEWALK  OR  FOOTWAY.] 
Whoever  being  the  occupant  of  any  occupied  premises,  or  the 
owner  of  any  vacant  premises,  shall  suffer  any  snow  to  remain 
on  any  sidewalk  or  footway  adjacent  thereto,  longer  than  six 
hours  from  the  time  the  same  ceases  falling,  or,  if  the  cessa- 
tion be  in  the  night  time,  then  longer  than  six  hours  after 
sunrise  on  the  next  morning,  shall  be  fined  five  dollars,  and 
be  subject  to  a  like  penalty  for  each  day  such  snow  so  remains 
after  the  first  penalty  has  been  incurred. 

§  6.  SUFFERING  ICE  OR  DIRT  TO  REMAIN  ON  SIDEWALK  OR  FOOT- 
WAY.] Whoever  shall  suffer  any  ice  or  dirt  to  remain  upon 
any  sidewalk  or  footway  owned  or  occupied  \)y  him,  longer 
than  six  hours  after  the  same  has  frozen  or  been  placed  there, 
shall  be  fined  five  dollars,  and  be  subject  to  a  further  penalty 
of  five  dollars  per  day  for  each  day  the  same  remains  after 
the  first  penalty  has  been  incurred. 

§  7.     FEEDING  ANIMALS  WITHIN  FIRE  LIMITS  OR  ON  PAVED 

STREET — TURNING  SAME  INTO  PUBLIC  INCLOSURE.]     Whoever  shall 

feed  any  horse,  mule,  or  other  animal,  upon  any  street  of  the 
city  within  the  fire  limits,  as  the  same  are  now  or  may  here- 
after be  defined,  or  upon  any  paved  street,  or  shall  turn  any 
such  animal  into  any  public  park,'  square,  or  inclosure,  shall 
be  fined  not  exceeding  ten  dollars. 

§  8.  HITCHING  ANIMAL  TO  TREE,  LAMP-POST,  ETC. — INJURY  TO 
SAME.]  Whoever  shall  hitch  or  fasten  any  horse  or  other 
animal  to  any  ornamental  or  shade  tree  or  shrub,  or  to  any 
lamp-post,  fence  or  railing,  or  shall  by  any  other  means  wil- 
fully injure  the  same,  shall  be  fined  not  less  than  three  dollars 
nor  more  than  fifty  dollars. 

§  9.  THROWING  STONES,  ETC.]  Whoever  shall  throw  or  cast 
any  stone,  brick,  club,  snow-ball,  or  other  missile,  at,  against, 


MISDEMEANORS.  63 

or  upon,  any  tree,  building,  or  other  property,  shall  be  fined 
not  exceeding  twenty-five  dollars. 

§  10.  TRESPASS  TO  PRIVATE  PREMISES.]  Whoever  shall  be 
found  trespassing  upon  the  premises  of  another  within  said 
city,  shall  be  fined  not  exceeding  twenty-five  dollars. 

§  11.  LIGHTING  OR  EXTINGUISHING  STREET  LAMPS,  ETC.] 
Whoever,  without  authority,  shall  light  or  extinguish  any 
public  or  street  lamp,  or  shall  turn  the  gas  on  or  oft'  in  the 
same,  or  in  any  manner  interfere  therewith,  shall  be  fined  not 
less  than  five  dollars  nor  exceeding  twenty-five  dollars. 

§  12.  TAKING  WATER  FROM  CITY  CISTERNS  OR  WELLS.]  Who- 
ever not  being  a  member  of  the  fire  department,  shall  take 
water  from  any  city  cistern  or  well,  except  for  the  purpose  of 
extinguishing  fire,  shall  be  fined  ten  dollars  for  each  offense. 

§  13.  VEHICLES  STANDING  ON  STREETS.]  Whoever  shall 
leave  any  sled,  wagon,  cart,  dray,  or  "other  vehicle  not  in  use, 
standing  in  or  upon  any  street  or  alley  of  said  city,  to  the  ob- 
struction of  travel  thereon,  shall,  for  each  offense,  be  fined 
not  exceeding  ten  dollars. 

§  14.  GETTING  UPON  CARS  WHILE  IN  MOTION.]  Whoever  not 
being  an  employe  or  passenger  on  any  railroad  car,  engine,  or 
tender,  shall  get  upon,  or  hold  on  to  the  same  while  in  motion, 
shall  be  fined  five  dollars. 

§  15.  BALL  PLAYING  UPON  PUBLIC  GROUNDS.]  Whoever  shall 
play  at  ball,  cricket,  or  any  other  game,  or  play  in  any  street, 
alley  or  other  public  ground  or  place  within  said  city,  shall 
be  fined  not  exceeding  fifteen  dollars :  Provided,  That  pupils 
in  actual  attendance  on  any  city  school  may  play  at  games 
upon  grounds  owned  or  occupied  by  the  city  for  school  pur- 
poses, subject,  however,  to  the  discipline  and  regulations  of 
the  school  which  they  attend. 

§  16.  OBSTRUCTING  STREET,  SIDEWALK,  ETC.]  Whoever 
shall  in  any  manner  or  by  any  means  not  specifically  named 
in  any  other  section  of  the  ordinances  of  said  city,  obstruct 
any  street,  highway,  avenue,  alley,  crossing,  sidewalk,  or  other 
public  passage-way  of  said  city,  shall  be  fined  not  less  than 
two  dollars  nor  more  than  fifty  dollars,  and  be  subject  to  a 
further  penalty  of  three  dollars  per  day  for  each  day  such  ob- 
struction is  suffered  to  continue  after  a  conviction,  or  after 
notice  to  remove  the  same  given  by  any  officer  of  said  city. 

§  17.  DRIVING  VEHICLE  OVER  FIRE  HOSE.]  Whoever  shall 
drive  any  vehicle  over  any  hose  of  the  fire  department  laid 
for  use  upon  any  street  or  alley,  except  at  a  point  where  such 
hose  is  protected  by  wooden  railings  laid  along  side  thereof, 
or  otherwise,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 


64  ORDINANCES. 

§  18.  DIGGING  AND  REMOVING  EARTH  FROM  STREETS,  ETC.] 
Whoever  shall,  without  a  written  permission  from  the  Mayor, 
Street  Commissioner,  or  City  Council,  dig,  remove,  or  carry 
away,  or  cause  or  procure  the  same  to  be  clone,  any  sod,  stone, 
earth,  sand  or  gravel,  from  any  street,  alley,  or  public  ground 
in  this  city,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  load  or  parcel  so  removed.  No  per- 
mission shall  protect  any  person  arraigned  for  violation  here- 
of, unless  the  particular  locality  from  whi^h  the  material  is  to 
be  removed  is  specified  therein,  and  it  appears  that  the  person 
arraigned  has  strictly  followed  the  terms  of  his  permission. 
Provided,  however,  That  work  done  under  authority  of  the  city 
shall  in  no  case  be  construed  as  a  violation  of  this  section. 

§  19.  MARKET  PLACE  FOR  HAT,  STRAW,  WOOD,  ETC.]  The 
market  place  for  hay,  straw,  sheaf  oats  and  like  articles,  shall 
hereafter  be  upon  East  street,  between  North  and  Market 
streets,  and  the  market  place  for  wood  shall  be  upon  East 
street,  between  North  and  Washington  streets.  Any  person  who 
shall  have  or  keep  any  vehicle  loaded  with  hay,  straw,  sheaf 
oats,  or  other  like  articles,  or  with  wood  standing  upon  any 
street  other  than  the  place  set  apart  in  this  section,  as  the 
proper  market  place  therefor,  shall  be  fined  five  dollars  for 
each  offense. 

§  20.  EXCAVATIONS  IN  STREETS  AND  ALLEYS.]  No  person 
shall  make  any  excavation  in  any  public  street  or  alley  of  the 
city  of  Bloomington,  except  upon  permission  obtained  there- 
for, as  herein  provided;  that  is  to  say:  The  person  desiring 
to  make  such  excavation  shall  tile  with  the  City  Clerk  a  state- 
ment in  writing  showing  where  and  for  what  purpose  such 
excavation  is  to  be  made,  and  thereby  stipulating  and  agree- 
ing to  keep  the  said  excavation  properly  guarded  and  pro- 
tected, so  as  to  prevent  accidents,  and  also  to  repair  such 
street  or  alley  as  soon  as  practicable,  and  to  leave  the  same 
in  as  good  condition  as  it  was  found ;  and  thereupon  said 
Clerk  shall  issue  a  permit  to  such  applicant  in  accordance 
with  the  terms  of  such  statement.  Any  person  who  shall 
make  any  excavation  in  any  street  or  alley  of  said  city,  with- 
out first  obtaining  permission  as  required  in  this  section,  or 
who  shall  fail  or  refuse  to  perform  any  agreement  or  stipula- 
tion filed  with  the  City  Clerk,  as  herein  required,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars  :  Provided,  That  persons  desiring  to  make  frequent 
excavations  may  obtain  a  permit  in  accordance  with  the  fore- 
going provisions  for  the  term  of  one  year. 


MISDEMEANORS.  65 

DIVISION  5. 
Vagrants. 

SECTION  1.    Vagrant  defined. 

"         2.    Penalty  for  vagrancy. 
"        3.    Second  offense — penalty. 

SECTION  1.  VAGRANT  DEFINED.]  A  vagrant  is  hereby  de- 
fined to  be : 

First — Any  person  found  within  said  city  idly  loitering  or 
rambling  about  without  visible  means  of  support. 

Second— Any  person  not  having  a  fixed  business  or  employ- 
ment, who  habitually  stays  in  or  frequents  groceries,  dram- 
shops, drinking  saloons,  houses  of  ill-fame,  gambling  houses, 
houses  of  bad  repute,  railroad  depots,  post-office  and  street 
corners,  or  fire  engine  houses. 

Third — Any  person  found  trespassing  in  the  night-time  upon 
the  premises  of  another. 

Fourth — Any  person  being  the  keeper,  exhibitor  of,  or  visitor 
at,  any  gaming  table,  gambling-house,  house  for  fortune-tell- 
ing, place  for  cock-fighting,  or  other  place  of  device. 

Fifth — Any  person  who  goes  about  for  the  purpose  of  gam- 
ing or  watch-stuffing. 

Sixth — Any  person  who  shall  have  in  his  possession  any 
article  or  thing  used  for  obtaining  money  under  false  pre- 
tenses. 

Seventh — Any  one  belonging  to  that  class  of  persons  who 
habitually  go  about  from  one  place  to  another  without  per- 
manent residence  or  business,  depending  for  subsistence  upon 
begging  and  pilfering,  and  who  are  commonly  known  as 
"  tramps"  and  "  dead-beats." 

§  2.  PENALTY  FOR  VAGRANCY.]  Whoever  shall  be  convicted 
of  being  a  vagrant  as  above  defined,  shall  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars,  and  be  imprisoned 
until  the  fine  and  costs  be  paid,  and  in  default  of  prompt  pay- 
ment of  any  fine  assessed  for  vagrancy,  the  person  convicted 
shall  be  compelled  to  labor  upon  the  streets  of  said  city,  for 
which  work  he  shall  receive  credit  upon  such  fine  and  costs 
at  the  rate  of  one  dollar  per  day,  until  such  fine  and  costs 
shall  be  worked  out. 

§  3.  SECOND  OFFENSE — PENALTY.]  Whoever  shall  be  con- 
victed of  vagrancy  two  or  more  times,  within  the  city  of 
Bloomington,  shall,  for  each  conviction  after  the  first,  be  fined 
fifty  dollars,  and  be  subject  to  all  the  further  provisions  de- 

—9 


66  ORDINANCES. 

nounced  against  vagrants  in  the  preceding  sections  of  this 
division,  and  before  releasing  any  person  in  custody  for  va- 
grancy, it  shall  be  the  duty  of  the  City  Marshal  to  acquaint 
such  person  with  the  provisions  of  this  section. 

DIVISION  6. 
Offenses  Against  Official  Authority. 

SECTION  1.  Falsely  personating  officer,  etc. 

"         2.  Resisting  or  delaying  officer. 

"        3.  Assisting  prisoner  to  escape. 

"        4.  Refusing  to  assist  policeman. 

SECTION  1.  FALSELY  PERSONATING  OFFICER,  ETC.]  "Whoever 
shall  falsely  represent  himself  to  be  an  officer  of  the  city  of 
Bloomington,  or  shall,  without  authority,  exercise  or  attempt 
to  exercise  any  of  the  powers,  duties,  or  functions  of  any  such 
officer,  or  whoever  not  being  a  member  of  the  police  force  of 
said  city  shall  wear,  or  have  in  his  possession,  any  policeman's 
star,  or  badge,  with  intent  thereby  to  pass  himself  as  a  police- 
man, or  any  policeman's  whistle,  unless  obtained  from  the 
City  Marshal,  shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars. 

§  2.  RESISTING  OR  DELAYING  OFFICER.]  Whoever  shall 
wilfully  resist,  hinder  or  delay,  any  city  officer  in  the  discharge 
of  any  official  act  or  duty,  or  shall  neglect  or  refuse  to  obey 
any  lawful  order  or  direction  of  any  such  officer,  where  no 
penalty  is  fixed  for  such  offense,  shall  be  fined  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars. 

§  3.  ASSISTING  PRISONER  TO  ESCAPE.]  Whoever  shall  rescue 
or  attempt  to  rescue  any  person  from  the  custody  of  any  city 
officer,  or  other  person  legally  having  him  in  charge,  or  shall 
aid,  or  attempt  to  aid,  in  any  escape  of  any  person  from  any 
such  custody,  or  from  any  city  prison,  or  shall  advise  or  en- 
courage any  such  escape,  or  whoever  shall  supply  any  such 
person,  so  being  in  such  custody,  or  prison,  with  any  weapon, 
or  with  any  implement  or  means  of  escape,  or  with  any  intox- 
icating liquor,  shall  be  fined  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars. 

§  4.  REFUSING  TO  ASSIST  POLICEMAN.]  It  shall  be  the  duty 
of  every  male  person  within  said  city,  when  requested  or  called 
upon  by  any  member  of  the  police  department,  to  render 
prompt  aid  to  such  member  in  making  any  arrest,  or  in  the 
execution  of  any  official  duty,  and  whoever  shall  refuse  or 
neglect  to  give  such  aid,  when  so  called  upon,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 


MISDEMEANORS.  67 

/ 

DIVISION  7. 
General  Provisions. 

SECTION  1.    Attempt  to  commit  offense. 
'        2.    Accessories,  etc. 

'         3.    Penalty  for  offenses  not  otherwise  provided  for. 
'         4.    Policemen  to  arrest  stragglers  at  night. 
'         5.    Boys  abroad  at  night. 
'         6.    Marshal  to  enter  gaming  house  or  house  of  ill-fame. 

SECTION  1.  ATTEMPT  TO  COMMIT  OFFENSE.]  Whoever  attempts 
to  commit  any  offense  prohibited  by  ordinance,  and  does  any 
act  towards  it  but  fails,  or  is  intercepted,  or  prevented  in  its 
execution,  where  no  express  provision  is  made  by  ordinance 
for  the  punishment  of  such  attempt,  shall,  on  conviction,  be 
fined  not  less  than  five  dollars  nor  exceeding  one  hundred 
dollars. 

§  2.  ACCESSORIES,  ETC.]  Whoever  aids,  abets,  assists,  ad- 
vises, or  encourages  the  commission  of  any  act  prohibited  by 
ordinance,  or  by  any  indirect  means  procures  any  such  offense 
to  be  committed,  or  whoever  commits  an  offense  through  the 
intervention  of  an  agent,  or  servant,  or  person  under  his  con- 
trol, shall  be  deemed  guilty  to  the  same  extent,  and  may  be 
proceeded  against  in  the  same  manner  as  though  such  offense 
had  been  committed  by  him  directly,  arid  with  his  own  hand; 
and  any  such  agent,  servant  or  other  person,  doing  any  pro- 
hibited act  for,  and  on  behalf  of  another,  shall  be  deemed 
guilty  of  such  act,  equally  with  his  employer  or  principal. 

§  3.  PENALTY  FOR  OFFENSES  NOT  OTHERWISE  PROVIDED  FOR.] 
Where  the  doing  of  any  act  is  prohibited  by.  any  ordinance  of 
said  city,  or  where  any  act  or  thing  is  by  any  such  ordinance 
enjoined  on  any  person  as  a  duty,  and  no  penalty  for  the 
violation  of  such  ordinance  is  imposed,  every  such  violation  is 
hereby  declared  to  be  a  misdemeanor,  and  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars. 

§  4.  POLICEMEN  TO  ARREST  STRAGGLERS  AT  NIGHT.]  Mem- 
bers of  the  police  department  shall  have  a  right  to  demand  of 
every  person  found  abroad  in  said  city  after  eleven  o'clock  at 
night,  the  reason  why,  and  the  business  on  which  such  person 
is  abroad,  and  if  such  person  shall  fail  or  refuse  to  give  a  good 
account  of  himself,  and  satisfactorily  answer  for  being  so 
abroad,  he  shall  be  subject  to  a  penalty  not  exceeding  one  hun- 
dred dollars,  and  if  such  officer  shall  be  satisfied  that  the 
public  good  requires  it,  he  shall  (first  having  explained  his 


68  ORDINANCES. 

official  character)  arrest  and  detain  such  person  for  further  ex- 
amination ;  the  object  of  this  section  being  to  protect  the  city 
from  house-breakers,  robbers,  and  other  disorderly  persons. 

§  5.  BOYS  ABROAD  AT  NIGHT.]  It  shall  be  unlawful  for  any 
boy  under  the  age  of  sixteen  years,  to  be  abroad  in  said 
city  between  the  first  day  of  April  and  the  first  day  of  October, 
in  any  year,  after  the  hour  of  ten  o'clock  at  night,  or  during 
the  rest  of  any  year,  after  nine  o'clock  at  night,  unless  ac- 
companied by  some  grown  person  having  him  in  charge,  or 
unless  by  permission  or  command  of  his  parent  or  guardian  ; 
and  any  such  boy  so  found  abroad,  shall  be  fined  not  exceed- 
ing ten  dollars,  and  it  shall  be  the  duty  of  any  policeman, 
seeing  any  such  boy  so  at  large,  to  demand  his  authority  therefor, 
and  on  failure  to  receive  a  satisfactory  answer,  he  shall  im- 
mediately arrest  such  boy,  and  confine  him  in  the  city  calaboose 
until  the  next  morning,  for  examination. 

§  6.  MARSHAL  TO  ENTER  GAMING  HOUSE  OR  HOUSE  OF  ILL- 
FAME.]  It  shall  be  lawful  for  the  City  Marshal  or  Captain  of 
Night  Police,  at  any  hour  of  the  day  or  night,  to  enter,  by 
necessary  force,  and  without  warrant,  into  any  premises,  house 
or  room,  kept  as  a  common  gaming  house,  house  of  ill-fame',  or 
other  unlawful  house,  or  into  any  house  or  room  which  he 
may  have  good  reason  to  believe  is  so  kept,  taking  with  him 
such-  policemen  or  persons  as  he  may  think  necessary,  and 
there  seize  upon  and  destroy  all  instruments  for  gaming  found 
therein  ;  and  it  shall  be  his  duty  to  arrest  all  the  inmates  of 
such  house,  room  or  place,  and  take  them  forthwith,  or  as 
soon  as  may  be,  before  the  proper  tribunal  of  said  city,  for 
trial. 

DIVISION  8. 
Proceedings  to  Recover  Fines  and  Penalties. 

SECTION  1.  Actions  to  be  in  name  of  city — security  for  costs. 

2.  Fines  recovered  by  action  of  debt. 

3.  When  warrant  shall  be  issued. 

4.  Form  of  affidavit. 

*J         5.  Continuance — recognizance. 

6.  Name  of  defendant — magistrate  to  place  true  name  upon  docket. 

7.  Defective  process — amendments. 

8.  When  process  unnecessary — bill  of  particulars, 

9.  Trial  by  jury, 

10.  Duties  of  officer  making  arrest. 

11.  Defendant  failing  to  appear. 

12.  Defendant  kept  in  custody  till  fine  Is  paid. 
"       18.  Execution — form.  etc. 

14.  Duty  of  officer  in  charge  of  prisoner. 

15.  Prisoner  escaping — fine  not  worked  out. 

16.  Appeals. 

SECTION  1.  ACTIONS  TO  BE  IN  NAME  OF  CITY — SECURITY  FOR 
COSTS.]  In  every  action  brought  for  the  recovery  of  any  fine, 


MISDEMEANORS.  69 

forfeiture  or  penalty  incurred  by  the  violation  of  any  ordi- 
nance of  the  city,  the  city  of  Bloomington  shall  be  plaintiff, 
and  the  suit  shall  be  instituted  and  conducted  in  the  name 
and  for  the  benefit  of  said  city ;  and  in  no  such  case  shall 
security  for  costs  be  required  to  be  given  ;  nor  shall  any  cost 
in  any  proceeding  be  taxed  against  said  city. 

§  2.  FINES  RECOVERED  BY  ACTION  OF  DEBT.]  Whenever  any 
fine,  forfeiture,  or  penalty,  shall  be  incurred  by  any  person  by 
reason  of  the  violation  of  any  ordinance  of  said  city,  the  same 
may  be  sued  for  and  recovered  by  said  city  in  a  proceeding 
in  the  nature  of  an  action  of  debt  before  any  police  magis- 
trate of  said  city  or  other  competent  tribunal,  which  action 
may  be  commenced  (except  as  hereinafter  provided)  by  the 
issuing  of  a  summons  like  the  summons  required  by  the 
Statutes  of  Illinois,  to  be  issued  by  justices  of  the  peace  in 
actions  of  debt,  and  such  cause  shall  be  conducted  when  not 
herein  otherwise  provided,  in  like  manner  as  civil  causes  be- 
fore justices. 

§  3.  WHEN  WARRANT  SHALL  BE  ISSUED.]  Whenever  an  affi- 
davit shall  be  made  before  any  police  magistrate  or  a  proper 
justice  of  the  peace,  showing  that  any  person  has  been  guilty 
of  violating  any  penal  ordinance  of  the  city  of  Bloomington, 
and  specifying  the  offense,  the  magistrate  or  justice  before 
whom  the  same  is  made  shall  forthwith  issue  a  warrant  for 
the  arrest  of  the  party  accused,  directed  to  the  City  Marshal 
or  any  policeman  of  the  city  to  execute,  which  warrant  shall 
be  executed  by  such  officer  by  taking  the  body  of  the  defen- 
dant and  bringing  him  forthwith  before  such  magistrate  or 
justice,  or  in  case  of  his  absence  or  inability  to  act  before  any 
other  magistrate  or  justice  within  said  city  having  jurisdiction 
over  the  offense,  and  upon  the  return  of  said  warrant  executed, 
such  magistrate  shall  proceed  to  try  the  cause,  unless  the  same 
shall,  for  good  cause,  be  continued. 

§  4.  FORM  OF  AFFIDAVIT.]  The  affidavit  provided  for  in  the 
preceding  section  may  be  substantially  in  the  following  form  : 
STATE  OF  ILLINOIS,^ 

COUNTY  OF  MCLEAN,       Vss. 
City  of  Bloomington.       ) 

makes  complaint  upon  oath,  and  says  that  at  said 

city,  on  or  about  the day  of- ,  A.  D.  18 — ,  and 

on  divers  other  days  and  times,  within  eighteen  months  prior 

to  the  commencement  of  this  suit,  one did  (here  insert 

offence.)  Contrary  to  the  ordinances  of  said  city,  in  such  case 
made  and  provided. 

Subscribed  and  sworn  to  before  me,  this day  of 

,  18-. 

Police  Magistrate. 


70  ORDINANCES. 

§  5.  CONTINUANCE — RECOGNIZANCE.]  When  from  the  ab- 
sence of  material  witnesses  or  other  good  cause,  it  is  not  prac- 
ticable to  try  any  defendant  arrested  upon  warrant  forthwith, 
the  magistrate  shall  adjourn  the  hearing  to  some  suitable 
time,  not  exceeding  five  days,  unless  by  consent  of  the  defen- 
dant; and  in  the  event  of  such  adjournment,  the  defendant 
shall  give  satisfactory  bail  for  his  appearance  at  the  time  and 
place  to  which  such  cause  may  be  adjourned,  and  in  default 
thereof,  shall  be  committed  to  the  city  prison  or  the  county 
jail  for  safe  keeping,  until  the  time  fixed  for  his  trial. 

§  6.  NAME  OF  DEFENDANT — MAGISTRATE  TO  PLACE  TRUE  NAME 
UPON  DOCKET.]  If  the  name  of  any  defendant  is  unknown,  he 
may  be  designated  by  any  description  or  circumstance  by 
which  he  can,  with  reasonable  certainty,  be  identified ;  and 
if  upon  arrest  he  refuses  to  disclose  his  true  name,  he  may  be 
tried  and  convicted  by  the  designation  used  in  the  warrant ; 
but  where  the  true  name  of  any  defendant  is  known  to  the 
magistrate,  or  can  be  ascertained  by  him,  it  shall  be  the  duty 
of  such  magistrate  to  place  the  same  upon  his  docket,  and  for 
every  failure  so  to  do,  he  shall  be  fined  ten  dollars. 

§  7.  DEFECTIVE  PROCESS — AMENDMENTS.]  No  suit  commenced 
by  the  city  shall  be  dismissed  or  continued,  or  any  prisoner 
discharged  on  account  of  any  defect  or  informality  in  the  pro- 
cess by  which  the  defendant  is  brought  into  court,  or  by  rea- 
son of  any  insufficiency  of  the  affidavit  on  which  any  warrant 
is  issued;  but  the  court  may,  on  .motion,  allow  an  amendment 
of  any  such  process  or  affidavit,  at  any  time  pending  the  pro- 
ceedings. 

§  8.  WHEN  PROCESS  UNNECESSARY — BILL  OF  PARTICULARS.] 
No  process  shall  be  necessary  when  any  defendant  is  legally 
arrested  without  warrant  and  brought  before  the  court ;  but 
in  all  cases  of  trials  for  breaches  of  ordinances,  in  which  no 
written  affidavit  is  filed  as  ubove  provided,  it  shall  be  the  duty 
of  the  attorney,  or  other  officer  or  person  prosecuting,  on  de- 
mand of  the  defendant,  to  file  a  written  statement  in  the 
nature  of  a  bill  of  particulars,  setting  forth  the  amount 
claimed  and  the  nature  of  the  violation  for  which  the  penalty 
is  claimed. 

§  9.  TRIAL  BY  JURY.]  In  any  prosecution  under  the  city 
ordinances,  the  defendant  may  have  the  cause  tried  by  a  jury 
if  he  shall  so  demand  before  the  trial  is  entered  upon,  and 
will  first  pay  the  fees  of  the  jurors.  The  number  impannel- 
ling,  and  qualifications  of  jurors,  shall  be  governed  by  the 
Statutes  of  Illinois  appertaining  to  like  proceedings  before 
justices  of  the  peace. 


MISDEMEANORS.  71 

§  10.  DUTIES  OF  OFFICER  MAKING  ARREST.]  All  officers 
making  arrests,  shall  attend  as  witnesses  at  the  trial  of  offend- 
ers when  required,  and  shall  procure  all  the  evidence  in  their 
power,  and  furnish  a  list  of  the  witnesses  in  each  cause  to  the 
court  or  City  Attorney. 

§  11.  DEFENDANTS  FAILING  TO  APPEAR.]  When  any  de- 
fendant duly  summoned  or  who  may  have  given  bail  for  his 
appearance  as  provided  in  section  four  of  this  division,  shall 
fail  to  appear  at  the  time  the  suit  is  set  for  trial,  the  magis- 
trate shall  hear  the  testimony  and  shall  render  such  judgment 
as  the  facts  in  the  case  will  warrant. 

§  12.  DEFENDANT  KEPT  IN  CUSTODY  UNIL  FINE  is  PAID.]  Upon 
rendering  judgment  for  any  fine,  forfeiture  or  penalty  for  the 
violation  of  any  ordinance  of  the  city  of  Bloomington,  the 
magistrate  or  justice  before  whom  conviction  is  had  shall  re- 
quire immediate  payment  of  such  judgment,  and  shall  make 
an  order  that  the  defendant  stand  committed  until  the  fine 
and  costs  are  paid,  which  order  shall  be  entered  upon  the 
docket  of  such  magistrate  or  justice  as  a  part  of  the  judg- 
ment in  the  cause,  and  the  defendant,  if  present,  shall  not  be 
permitted  to  depart  from  custody  ^except  upon  payment  of 
such  judgment  or  upon  filing  an  appeal  bond  with  good  secur- 
ity, to  be  approved  by  the  court,  as  provided  in  the  statutes 
of  the  State  of  Illinois,  for  the  taking  of  appeals  from  jus- 
tices of  the  peace. 

§  13,  EXECUTION — FORM,  ETC.]  If  such  judgment  be  not 
forthwith  paid,  or  an  appeal  taken,  the  court  rendering  the 
same  shall  issue  an  execution,  under  his  hand  and  seal,  which 
may  be  substantially  in  the  following  form,  to-wit: 

STATE  OF  ILLINOIS,] 

COUNTY  OF  McLEAN,      V  ss.     The  People  of  the  State  of  Illinois. 
City  of  Bloomington.      ) 

To  the  Marshal  or  any   Policeman  of  the  city  of  Bloomington, 

Greeting  : 

WHEREAS,  The  city  of  Bloomington  did,  on  the day 

of ,  18 ,  obtain  a  judgment  before  the  under- 
signed, a  police  magistrate  of  said  city,  (or  a  justice  of  the 
peace  of  said  county,  as  the  case  may  be)  against  (here  insert 
name  of  defendant)  for  the  violation  of  an  ordinance  of  said 
city,  for  the  sum  of  (here  insert  the  amount  of  fine)  debt,  and 
(here  insert  amount  of  costs)  costs,  in  this  behalf.  These  are 
therefore  to  command  you  to  levy  the  said  debt  and  costs,  of 
the  goods  arid  chattels  of  the  said  (here  insert  name  of  defend- 
ant) within  the  city  of  Bloomington,  arid  expose  the  same  to 


72  ORDINANCES. 

sale,  agreeably  to  law ;  and  for  want  of  sufficient  property 
wherewith  to  levy  and  satisfy  the  said  debt  and  costs  to  be 
forthwith  turned  out  to  you,  you  are  hereby  commanded  to 
take  the  body  of  the  said  (here  insert  name  of  defendant)  and 
commit  him  to  the  prison  of  said  city,  or  the  jail  of  said  county, 
there  to  remain  twenty-four  hours  for  every  dollar  contained 
in  the  amount  of  said  fine  and  costs  :  Or  you  may  arrest  the 
said  (here  insert  name  of  defendant)  and  require  him  to  labor 
upon  the  streets  of  said  city,  at  the  rate  of  one  dollar  per  day, 
until  the  whole  amount  of  said  fine  and  costs  is  worked  out ; 
and  you  are  also  hereby  commanded  to  make  return  of  this 
writ  within  twenty  days  from  the  date  hereof,  with  your  re- 
turn thereon,  showing  how  you  have  executed  the  same. 

Given  under  my  hand  and  seal,  this day  of A. 

D.,  18 . 

,    [L.  S.] 

Police  Magistrate. 

The  officer  receiving  such  writ,  shall  execute  the  same  by 
doing  as  therein  directed. 

§  14.  DUTY  OF  OFFICER  IN  CHARGE  OF  PRISONER.]  In  all 
cases,  where  the  same  is  practicable,  prisoners  failing  to  pay 
fines,  shall  be  compelled  to  work  them  out,  as  above  provided, 
and  the  officer  or  person  having  charge  of  any  such  prisoner, 
shall  cause  him  to  labor  diligently  and  faithfully,  and  shall 
only  give  him  credit  for  the  time  actually  worked.  Such 
prisoner  shall  be  returned  to  the  city  prison  at  noon  and  night, 
until  discharged,  when  the  person  having  him  in  charge,  shall 

five  him  a  statement  of  the  time  labored  on  the  streets,  and 
e  shall  also  make  a  return  of  the  same  to  the  court  assessing 
the  fine. 

§  15.  PRISONER  ESCAPING — FINE  NOT  WORKED  OUT.]  If  any 
prisoner  shall  escape  before  his  fine  is  worked  out,  or  without 
having  remained  in  prison  the  length  of  time  above  required, 
he  may  be  re-arrested  and  caused  to  work  or  serve  out  the  re- 
mainder of  his  fine  ;  and  where  any  prisoner  is  discharged 
without  having  paid* or  worked  out  his  fine,  as  herein  required, 
although  he  may  have  remained  in  prison  the  time  specified 
in  section  thirteen  hereof,  such  fine  shall  still  stand  unsatisfied 
against  him,  to  be  made  on  execution,  if  possible. 

§  16.  APPEALS.]  Appeals  may  be^taken  from  judgments 
rendered  under  this  chapter,  in  like  manner,  and  upon  like 
conditions,  as  may  be  done  under  the  statutes  of  the  State  of 
Illinois,  from  judgments  of  justices  of  the  peace. 


NUISANCES.  73 

CHAPTER  XIL 

NUISANCES. 

DIVISION  1. — ENUMERATION  AND  PUNISHMENT  OF  NUISANCES. 
"        2 — ABATEMENT  OF  NUISANCES. 


DIVISION  1. 
Enumeration  and  Punishment  of  Nuisances. 

SECTION  1.  Hog  and  cattle  stables  and  pens — when  nuisance. 

2.  Suffering  manure  to  accumulate— placing  same  on  street. 

"         3.  Gunpowder  and  gun-cotton — when  nuisance. 

"         4.  Storage  of  tar,  pitch,  etc. — when  nuisance. 

"         5.  Bills  and  placards. 

6.  Dairies  prohibited. 

7.  Suffering  premises  to  become  foul. 

8.  Streams,  gutters,  ravines,  etc. — obstruction  of. 

9.  Green  or  salted  hides — when  nuisance. 

10.  Foul  liquids  discharged  upon  streets  or  premises. 

11.  Slops,  filth,  dead  animals,  etc. 

12.  Throwing  tilth  in  well  or  cistern. 
."       13.  Bill-boards—when  nuisance. 

"       14.  Gates  opening  over  street  or  sidewalk. 

"       15.  Slack  and  refuse  coal — nuisance. 

"       16.  Soap  factories  and  other  offensive  establishments. 

"       17.  Slaughtering  establishments,  etc. — when  nuisance. 

"       18.  Curbing — when  nuisance. 

19.  Trap-doors,  gratings,  etc, — dangerous  sidewalks. 

20.  Failure  to  refill  ditches,  etc.,  or  to  guard  same. 

21.  Erecting  unsafe  scaffold. 

22.  Unsafe  signs,  awnings,  etc. 

''       23.  Wooden  awnings  and  awnings  with  supports. 

24.  Obstructions,  excavations,  etc. — nuisance, 

25.  Coal  vaults  and  other  excavations — when  nuisance. 

26.  Unsafe  buildings,  etc.— nuisance, 

"       27.    Council  may  notify  persons  building  to  stop. 

SECTION  1.  HOG  AND  CATTLE  STABLES  AND  PENS — WHEN  NUI- 
SANCE.] Whoever  shall  keep,  use  or  maintain,  within  the 
city  of  Bloomington,  any  pen,  stable,  lot,  place,  or  premises, 
in  which  any  hogs,  cattle,  or  fowls,  may  be  confined  or  kept 
in  such  manner  as  to  be  nauseous,  foul,  or  offensive,  or  as 
from  any  cause  to  be  an  annoyance  to  any  community, 
family  or  person,  shall  be  deemed  guilty  of  a  nuisance,  and 
on  conviction,  be  fined  not  less  than  five  dollars,  nor  more 
than  fifty  dollars. 

§  2.  SUFFERING  MANURE  TO  ACCUMULATE — PLACING  SAME  ON 
STREET.]  Whoever  shall  suffer  to  accumulate  on  any  premi- 
ses owned  or  controlled  by  him,  any  heap  or  stack  of  manure, 
in  such  manner  as  to  emit  noxious,  disagreeable  or  offensive 
smells,  to  the  annoyance  or  detriment  of  any  person  or  family, 
or  whoever  shall  place  any  such  manure,  or  the  contents  of 
—10 


74  ORDINANCES. 

any  privy-vault  in,  or  upon  any  public  street,  alley,  or  com- 
mon, shall  be  deemed  guilty  of  a  nuisance,  and  on  conviction, 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  fifty 
dollars. 

§  3.  GUN-POWDER  AND  GUN-COTTON — WHEN  NUISANCE.]  The 
keeping,  having,  or  storing  within  said  city  of  any  gun- 
powder or  gun-cotton,  in  larger  quantity  than  fifty  pounds,  at 
one  time  and  place,  or  in  any  other  manner  than  in  tin  canis- 
ters or  cases,  containing,  not  exceeding  thirteen  pounds  each, 
or  in  any  position  contiguous  to  any  fire,  or  lighted  lamp,  or 
gas  jet,  or  in  any  situation  not  readily  accessible  for  the  re- 
moval of  such  gun-powder  or  gun-cotton,  in  case  of  fire,  is 
hereby  declared  to  be  a  nuisance,  and  whoever  shall  be  guilty 
thereof,  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

§  4.  STORAGE  OF  TAR,  PITCH,  ETC — WHEN  A  NUISANCE.]  Who- 
ever shall  have,  or  keep  in  store,  within  said  city,  any  quan- 
tity of  tar,  pitch,  rosin,  petroleum,  or  its  products,  or  other 
combustible  materials,  or  substances,  in  such  manner  that  the 
same  shall  be  in  danger  of  taking  and  communicating  fire, 
shall  be  deemed  guilty  of  a  nuisance,  and  shall  be  fined  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 

§  5.  BILLS  AND  PLACARDS.]  The  pasting,  sticking  or  plac- 
ing of  any  advertisement,  handbill,  placard,  or  of  any  printed, 
pictured,  or  written  matter,  or  thing,  whatsoever,  upon  any 
house,  wall,  building,  fence,  railing,  sidewalk,  or  other  prop- 
erty, public  or  private,  without  permission  of  the  owner  or 
person  in  charge  thereof  is  hereby  declared  a  nuisance,  and 
any  person  found  guilty  of  so  doing,  shall  be  fined,  not  less 
than  five  dollars  nor  more  than  twenty  dollars. 

§  6.  DAIRIES  PROHIBITED.]  Whoever  shall  erect,  keep,  or 
maintain  any  dairy  or  any  cow  stable,  or  other  appurtenance 
or  convenience  connected  with  any  dairy  within  said  city, 
shall  be  deemed  guilty  of  a  nuisance,  and  shall  be  fined  not 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 
Any  establishment  or  place  where  three  or  more  cows  are 
kept  for  the  purpose  of  making  butter  or  cheese,  or  of  pro- 
ducing milk  for  sale,  shall  be  deemed  a  dairy  within  the 
meaning  of  this  section. 

§  7.  SUFFERING  PREMISES  TO  BECOME  FOUL.]  Whoever  shall 
suffer  or  permit  any  cellar,  vault,  drain,  pool,  privy,  sewer, 
3rard,  grounds  or  premises, belonging  to  or  controlled  by  him, 
to  become  from  any  cause,  nauseous,  foul,  offensive,  or  injuri- 
ous to  the  public  health,  or  unpleasant  and  disagreeable  to 
adjacent  residents  or  persons,  shall  be  deemed  guilty  of  a 


NUISANCES.  75 

nuisance,  and  on  conviction,  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  fifty  dollars. 

§  8.  STREAMS,  GUTTERS,  RAVINES,  ETC. — OBSTRUCTION  OF.] 
Whoever  shall  place,  erect  or  maintain  any  obstruction  in  or 
across  any  water  course,  stream,  brook  or  ravine,  so  as  to 
cause  water  to  stand  and  to  stagnate  therein  or  shall  place  or 
deposit  therein  any  noxious  or  offensive  matter  or  any 
stone,  earth,  straw,  hay,  manure,  dead  animal,  or  other  article 
or  substance,  or  whoever  shall  by  any  means  dam  up  or  ob- 
struct any  sewer,  drain,  or  gutter  shall  be  deemed  guilty  of  a 
nuisance  and  on  conviction  shall  be  fined  not  less  than  fifty 
dollars. 

§  9.  GREEN  AND  SALTED  HIDES — WHEN  A  NUISANCE.]  Who- 
ever shall  keep  in  store,  in  any  building,  cellar  or  place  within 
said  city  any  green  or  salted  hides,  pelts  or  skins  for  such 
length  of  time  or  in  such  manner  that  the  same  shall  become 
or  be  nauseous,  foul  or  offensive  by  reason  of  their  bad  or 
unwholesome  smell  or  odor  shall  be  deemed  guilty  of  a  nui- 
sance and  on  conviction  shall  be  fined  not  less  than  five  dollars 
nor  more  than  fifty  dollars. 

§    10.      FOUL  LIQUIDS  DISCHARGED  UPON  STREETS  OR  PREMISES.] 

Whoever  shall  cause  or  permit  any  nauseous,  foul,  or  putrid 
liquor  or  substance,  or  any  liquid  or  substance  likely  to  be- 
come nauseous,  foul,  offensive  or  putrid  to  be  discharged, 
placed  or  thrown  or  to  flow  from  or  out  of  any  premises  into 
or  upon  any  adjacent  premises  or  any  public  street  or  alley 
shall  be  deemed  guilty  of  a  nuisance  and  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

§  11.  SLOPS,  FILTH,  DEAD  ANIMALS,  ETC.]  WTioever  shall 
deposit  or  place  in  or  upon  any  premises,  public  or  piivate, 
enclosed  or  common  within  said  city  any  vegetable  or  animal 
matter  or  slops,  or  any  filth  of  a  character  likely  to  affect  the 
public  health,  or  to  produce  offensive  smells,  or  the  carcass  of 
any  dead  animal ;  or  whoever  shall  suffer  the  carcass  of  any 
dead  animal,  which  at  its  death  belonged  to  him,  to  be  or 
remain  in  or  upon  any  such  place  more  than  six  hours  after 
its  death,  shall  be  deemed  guilty  of  a  nuisance,  and  on  con- 
viction shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars. 

§  12.  THROWING  FILTH  IN  WELL  OR  CISTERN.]  Whoever 
shall  throw,  cast  or  deposit  any  filth,  substance  or  thing  in 
any  public  or  private  well  or  cistern  shall  be  deemed  guilty 
of  a  nuisance,  and  on  conviction  shall  be  fined  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars. 


76  ORDINANCES. 

§  13.  BILL-BOARDS — WHEN  NUISANCE.]  Whoever  shall  erect, 
keep  or  maintain  any  bill-board  or  board  for  advertising  upon 
any  public  ground  or  place,  or  upon  any  private  premises  ad- 
jacent to  any  sidewalk,  street  or  footway,  the  same  being  so 
erected  as  to  occasion  danger  or  inconvenience  to  the  public, 
shall  be  deemed  guilty  of  a  nuisance  and  be  fined  not  less 
than  five  dollars  nor  more  than  twenty  dollars. 

§  14.  GATES  OPENING  OVER  STREET  OR  SIDEWALK.]  All  gates 
opening  upon  any  public  street  shall  be  so  constructed  as  that 
no  part  of  such  gate  shall  swing  over  or  above  the  street  or 
sidewalk  upon  which  it  opens,  unless  such  gate  be  so  con- 
structed or  hung  as  to  be  self-shutting;  and  whoever  shall 
erect,  keep  or  maintain  any  gate,  in  violation  of  this  section 
shall  be  deemed  guilty  of  a  nuisance,  and  be  fined  not  exceed- 
ing ten  dollars. 

§  15.  SLACK  AND  REFUSE  COAL — NUISANCE.]  It  is  hereby 
declared  to  be  a  nuisance  for  any  person,  company  or  corpo- 
ration to  place,  keep,  deposit  or  maintain  within  said  city  any 
pile  or  piles  of  slack  coal,  or  refuse  material  from  any  coal 
mine,  in  such  manner  that  the  same  shall  burn  and  emit 
smoke  or  offensive  or  disagreeable  smells,  odors  or  vapors, 
whereby  the  health  or  comfort  of  any  person  or  family  is  af- 
fected, and  any  such  person,  company  or  corporation  on  con- 
viction of  such  nuisance  shall  be  fined  fifty  dollars. 

§    16.       SOAP  FACTORIES  AND  OTHER  OFFENSIVE  ESTABLISHMENTS 

— WHEN  NUISANCES.]  Whoever  shall  hereafter  erect  within 
said  city  any  soap  factory,  tallow  chandlery,  tannery,  distil- 
lery or  brewery,  without  permission  of  the  City  Council,  or 
whoever  with  such  permission  shall  conduct  any  establish- 
ment of  the  character  aforesaid  in  such  manner  that  the  same 
shall  become  foul  or  offensive,  or  shall  emit  or  give  out  bad, 
offensive  or  unwholesome  smells  or  odors  to  the  annoyance  or 
detriment  of  any  community,  family  or  person,  shall  be  deemed 
guilty  of  a  nuisance,  and  on  conviction  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 

§  17.  SLAUGHTERING  ESTABLISHMENTS,  ETC. — WHEN  NUI- 
SANCES.] Whoever  shall  hereafter  erect  or  set  in  operation 
within  said  city,  or  within  one  mile  of  the  limits  thereof,  any 
slaughtering  establishment,  or  establishment  for  steaming  or 
rendering  lard,  tallow,  offal  or  other  substances  without  per- 
mission of  the  City  Council ;  or  whoever,  within  the  limits 
aforesaid,  shall  with  or  without  such  permission  so  conduct  or 
carry  on  such  establishment,  that  the  same  shall  become  foul 
or  offensive,  or  shall  emit  unwholesome  or  disagreeable  odors 
to  the  annoyance  or  detriment  of  any  community,  family  or 


NUISANCES.  77 

person,  shall  be  deemed  guilty  of  a  nuisance,  and  on  convic- 
tion shall  be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

§  18.  CURBING — WHEN  NUISANCE.]  No  curbing  shall  be 
placed  nearer  than  twenty-four  feet  of  the  center  of  any  street 
eighty  feet  wide  or  more,  nor  nearer  than  sixteen  feet  of  the 
centre  of  any  street  over  sixty  feet  and  under  eighty  feet  wide; 
nor  nearer  than  fifteen  feet  of  the  centre  of  any  street  fifty 
feet  wide  or  less.  Any  person  placing  curbing  in  any  str*  et 
in  violation  of  this  section  shall  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars  on  failing  to  remove  the 
same  after  ten  days'  notice  from  any  city  officer;  and  all  curb- 
ing constructed  contrary  to  the  provisions  of  this  section,  and 
not  removed  after  ten  days'  nqtice,  as  herein  provided,  is  here- 
by declared  to  be  a  nuisance. 

§  19.  TRAPDOORS,  GRATINGS,  ETC. — DANGEROUS  SIDEWALK.] 
Whoever  shall  keep  or  leave  open,  or  shall  allow  or  suffer  to 
to  be  left  or  kept  open,  any  cellar  door  or  trap-door,  or  the 
grating  of  any  vault  in  or  upon  any  side-walk,  street,  thor- 
oughfare or  passage-way ;  or  whoever  shall  make,  keep,  or 
maintain  any  uncovered  opening  in  any  sidewalk  or  passage- 
way, or  whoever  shall  suffer  or  allow  any  sidewalk  or  foot- 
way, which  it  is  his  duty  to  maintain  or  repair,  to  become  or 
continue  so  broken,  uneven  or  out  of  repair  as  to  endanger  life 
or  limb,  shall  be  deemed  guilty  of  a  nuisance,  and  on  convic- 
tion shall  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

§  20.  FAILURE  TO  REFILL  DITCHES,  ETC.,  OR  TO  GUARD  THE 
SAME.]  Whoever  under  lawful  permission  shall  for  any  pur- 
pose dig  or  make  any  ditch,  drain,  excavation  or  hole  in, 
across  or  under  any  street,  alley,  sidewalk  or  other  public 
place  within  said  city,  and  shall  not  with  all  reasonable  dis- 
patch refill  the  same  and  fix  such  street,  alley,  sidewalk,  or 
place  in  as  good  condition  as  the  same  was  found ;  or  whoev- 
er shall,  during  the  lawful  existence  or  continuance  of  any 
such  ditch,  drain,  excavation,  or  hole,  fail  to  have  the  same  so 
watched,  guarded  and  protected,  as  to  insure  the  safety  of  all 
persons  who  may  or  might  pass  by  or  near  the  same,  shall  be 
deemed  guilty  of  a  nuisance,  and  on  conviction  shall  be  fined 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dol- 
lars. 

§  21.  ERECTING  UNSAFE  SCAFFOLD.]  Whoever  shall  erect 
or  use,  or  shall  cause  or  suffer  to  be  erected  or  used  within 
said  city  any  insecure  or  unsafe  scaffold,  whereby  the  safety 
of  persons  working  thereon  or  passing  thereunder  may  be  in 


78  ORDINANCES. 

any  manner  endangered,  shall  be  deemed  guilty  of  a  nuisance, 
and  on  conviction  shall  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

§  22.  UNSAFE  SIGNS,  AWNINGS,  ETC. — CLOTHING  AND  GOODS. — 
TREES.]  Whoever  shall  erect,  suspend,  keep  or  maintain  any 
sign,  awning,  goods,  clothing  or  other  structure  or  thing  over 
or  across  any  street  or  sidewalk  of  the  city,  or  any  tree  or 
shrub  with  branches  overhanging  the  same  in  such  manner  as 
to  obstruct  such  sidewalk  or  street,  or  render  travel  thereon 
inconvenient  or  unsafe  ;  or  whoever  shall  suffer  any  awning, 
sign  or  structure  over  any  street  or  sidewalk,  to  be  out  of  re- 
pair or  in  an  insecure  or  unsafe  condition  shall  be  deemed 
guilty  of  a  nuisance,  and  on  conviction  shall  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars. 

§  23.  WOODEN  AWNINGS  AND  AWNINGS  WITH  SUPPORTS.] 
Whoever  shall  construct,  repair,  keep  or  maintain  within 
said  city  any  wooden  awning  or  shed  over  any  sidewalk  or 
foot-way  with  supports  reaching  down  to  such  sidewalk  or  to 
the  ground,  shall  be  deemed  guilty  of  a  nuisance,  and  on  con- 
viction shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

§  24.  OBSTRUCTIONS,  EXCAVATIONS,  ETC.,  NUISANCES.]  All 
obstructions  to  streets,  alleys,  crossings,  or  sidewalks  of  the 
city,  and  all  excavations  in  or  under  the  same,  which  are  by 
ordinance  prohibited,  or  which  may  be  made  without  lawful 
permission,  are  hereby  declared  to  be  nuisances,  and  the  per- 
son erecting,  keeping  or  maintaining  any  such  shall  in  addi- 
tion to  any  penalty  specifically  denounced  against  the  samt, 
be  subject  to  the  further  provisions  of  this  ordinance  in  rela- 
lation  to  the  continuance  and  abatement  of  nuisances. 

§  25.  COAL  VAULTS  AND  OTHER  EXCAVATIONS — WHEN  NUI- 
SANCES.] Every  coal  vault  or  other  excavation  beneath  any 
sidewalk  or  street  of  said  city,  which  is  so  constructed  or  so 
insufficiently  covered  as  to  be  unsafe  and  insecure  or  to  en- 
danger the  lives  or  limbs  of  persons  passing  over  or  by  the 
same,  is  hereby  declared  to  be  a  nuisance,  and  the  person 
keeping  or  maintaining  the  same  shall  be  fined  therefor  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

§  26.  UNSAFE  BUILDINGS,  ETE.,  NUISANCES.]  No  person  shall 
within  said  city  erect  or  maintain  any  insecure  or  unsafe  build- 
ing, stack,  wall,  chimney  or  other  structure,  or  any  building, 
stack,  wall,  chimney  or  other  structure  which  from  situation, 
mode  of  construction  or  other  cause  may  be  dangerous  to  per- 
sons or  to  property  :  Any  person  violating  this  section  shall 
be  deemed  guilty  of  a  nuisance,  and  shall  on  conviction  be 


NUISANCES.  79 

fined  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars. 

§  27,  COUNCIL  MAY  NOTIFY  PERSONS  BUILDING  TO  STOP.] 
"Whenever  in  the  judgment  of  the  City  Council  any  building, 
stack,  wall,  chimney,  or  other  structure  then  in  process  of 
construction,  is  being  erected  or  built,  upon  such  plans  or  in 
such  manner  that  the  same  will  when  completed  be  insecure, 
unsafe,  or  dangerous  to  persons  or  property,  said  Council  may 
cause  notice  to  be  served  upon  the  owner  of  the  same  or  his 
agent  or  upon  the  contractor,  or  person  having  charge  of  the 
building  thereof,  to  stop  work  thoreon  until  the  plans  of  such 
building  shall  be  so  changed  as  to  render  the  same  secure  and 
safe  and  to  meet  the  approval  of  said  Council ;  any  person 
who  shall  violate  the  terms  of  any  notice  served  on  him  in 
pursuance  of  this  section  shall  be  fined  fifty  dollars,  and  a  like 
sum  for  each  day  he  shall  persist  in  such  violation. 

DIVISION  2. 
Abatement  of  Nuisances. 

SECTION    1.  Court  on  conviction  to  order  abatement. 

"  2.  Continuing  nuisance— penalty. 

"          3.  Summary  abatement  of  nuisance— when  proper. 

"          4.  Authority  of  marshal— manner  of  abatement. 

"          5.  Costs  of  abatement,  paid  by  person  creating,  etc. 

SECTION  1.  COURT  ON  CONVICTION  TO  ORDER  ABATEMENT.] 
When  judgment  shall  be  rendered  against  any  person  for  cre- 
ating, keeping,  or  maintaining  any  nuisance,  it  shall  be  the 
duty  of  the  court  before  whom  such  conviction  is  had  to  order 
the  defendant  in  such  suit  to  forthwith  abate  and  remove  such 
nuisance,  and  if  the  same  is  not  done,  by  such  defendant, 
within  twenty-four  hours,  that  the  same  shall  be  abated  and 
removed  by  the  City  Marshal.  Said  order  shall  be  entered 
upon  the  docket  of  the  court  and  be  made  a  part  of  the  judg- 
ment in  the  cause. 

§  2.  CONTINUING  NUISANCE — PENALTY.]  Any  person  having 
been  found  guilty  of  creating,  keeping  or  maintaining  any 
nuisance,  who  shall  neglect,  or  fail  to  abate  and  remove  such 
nuisance  within  twenty-four  hours  next  after  his  conviction 
thereof,  shall,  for  each  twenty-four  hours  thereafter  which 
such  nuisance  is  continued,  be  subject  to  a  like  penalty  as 
that  originally  incurred  for  keeping,  creating,  or  maintain- 
ing the  same. 

§  3.  SUMMARY  ABATEMENT  OF  NUISANCE — WHEN  PROPER.] 
When  any  nuisance  is  of  such  a  nature  or  character,  and  i«  so 


80  ORDINANCES. 

situated  that  the  same  can  be  abated  without  the  invasion  or 
destruction  of  private  proverty,  and  the  further  continuance 
thereof  is  likely  to  result  in  expense  to  the  city,  or  injury  to 
any  person,  it  shall  be  the  duty  of  the  City  Marshal  to  abate 
and  remove  the  same  summarily  without  waiting  for  the 
conviction  of  the  author  thereof. 

§  4.  AUTHORITY  OF  MARSHAL — MANNER  OF  ABATEMENT.]  In 
any  case  where  a  nuisance  is  to  be  abated  by  the  City  Marshal , 
or  any  officer,  it  shall  be  the  duty  of  such  Marshal  or  officer 
to  proceed  with  due  care,  and  without  any  unnecessary  de- 
struction of  property ;  and  he  shall  in  all  cases  be  author- 
ized to  employ  such  assistance,  and  adopt  such  means  as  may 
be  necessary  to  effect  the  entire  abatement  of  the  evil  in 
question. 

§    5.      COSTS  OF    ABATEMENT    PAID   BY  PERSON     CP EATING,  ETC.] 

Every  person  creating,  keeping,  or  maintaining  any  nuisance, 
shall  be  liable  for  all  costs  and  expenses  of  abating  the  same, 
when  done  by  the  city  or  under  its  authority  ;  and  in  all  cases 
where  the  City  Marshal,  or  other  officer  shall  abate  any  such 
nuisance,  he  shall  keep  an  account  of  all  expenses  attending 
such  abatement,  and  shall  forthwith  bring  suit  for  the  same  in 
spme  competent  court  in  the  name  of  the  City  of  Blooming- 
ton  against  the  person  creating,  keeping,  or  maintaining  the 
nuisance  so  abated. 


OFFICERS.  81 


CHAPTER  XIII. 

OFFICERS. 

DIVISION  1.— GENERAL  PROVISIONS. 

"  2.— CITY  ASSESSOR. 

14  3.— CITY  ATTORNEY. 

"  4.— CITY  CLERK. 

"  5. —CITY  COLLECTOR. 

"  6. — CITY  ENGINEER. 

"  7. — CITY  WEIGHER. 

"  8. — HEALTH  OFFICER. 

"  9. — INSPECTOR  OF  WEIGHTS  AND  MEASURES. 

"  10. — MEASURER. 

"  11. — OIL  INSPECTOR. 

"  12. — STREET  COMMISSIONER. 

"  13. — TREASURER. 


DIVISION  1. 
General  Provisions. 


SECTION  1.  Appointment  of  officers — term  of  office. 

"          2.  Qualifications  of  officers. 

"          3.  Officers  to  give  bond. 

"          4.  Officers  to  take  and  subscribe  oath. 

"          5.  Officers  to  be  commissioned— form. 

SECTION  1.  APPOINTMENT  OF  OFFICERS.]  All  officers  of  the 
city  of  Bloomington  not  by  law  elective,  shall  be  appointed 
annually,  as  provided  by  statute,  which  appointment  shall  be 
made  at  the  first  regular  meeting  of  the  City  Council  held 
after  the  newly  elected  Mayor  shall  have  taken  his  seat,  or  as 
soon  thereafter  as  may  be  practicable ;  and  each  officer  so  ap- 
pointed shall,  unless  sooner  removed,  hold  his  office  until  his 
successor  is  appointed  and  qualified. 

§  2.  QUALIFICATIONS  OF  OFFICERS.]  Every  person  appoint- 
ed to  any  office  under  this  city  shall  be  a  citizen  of  the  United 
States,  over  twenty-one  years  of  age,  and  shall  have  resided 
in  this  city  at  least  one  year  next  preceding  his  appointmenk- 

—•11 


82  ORDINANCES. 

§  3.  OFFICERS  TO  GIVE  BONDS.]  Every  officer  of  said  city, 
except  members  of  the  City  Council,  shall,  before  entering  up- 
on the  duties  of  his  office,  give  bond  to  the  city  of  Blooming- 
ton  in  such  sum  as  the  City  Council  may  designate,  or  as  may 
be  specially  provided  by  ordinance,  with  two  or  more  good 
and  sufficient  securities,  residents  of  this  city,  to  be  approved 
by  the  City  Council ;  which  bond,  when  not  otherwise  pro- 
vided by  law  or  ordinance,  shall  be  conditioned  for  the  prompt 
and  faithful  performance  by  such  officer  of  all  acts  and  duties 
required  of  him  as  such  officer  by  any  law  of  the  State  of  Illi- 
nois or  ordinance  of  the  City  of  Bloomington  then  in  force 
or  that  may  be  subsequently  passed,  and  for  the  prompt  ac- 
counting for,  and  payment  to  the  city  or  its  proper  officers  of, 
all  moneys  that  may  come  into  his  hands  by  virtue  of  his 
office. 

§  4.  OFFICERS  TO  TAKE  AND  SUBSCRIBE  OATH.]  'Every  officer 
of  said  city  shall,  before  entering  upon  the  duties  of  his  office, 
take  and  subscribe  an  oath  before  some  officer  authorized  by 
law  to  administer  oaths,  that  he  will  support  the  Constitution 
of  the  United  States  and  of  the  State  of  Illinois,  and  will 
faithfully,  promptly  and  to  the  best  of  his  ability  discharge 
and  perform  the  duties  of  his  office  ;  which  oath  shall  be  filed, 
together  with  his  official  bond,  if  one  is  required,  in  the  office 
of  the  City  Clerk. 

§  5.  OFFICERS  TO  BE  COMMISSIONED — FORM.]  Upon  the  filing 
of  the  oath  and  bond  mentioned  in  the  last  section,  the  City 
Clerk  shall,  except  in  case  of  members  of  the  City  Council, 
issue  to  the  officer  filing  the  same  a  commission  in  the  name 
of  the  Mayor  and  under  the  seal  of  the  city?  which  may  be 
substantially  as  follows  : 
To  all  to  whom  these  presents  shall  come,  Greeting  : 

Know  ye,  that ,  having  been  duly  elected  (or  ap- 
pointed, as  the  case  may  be,)  and  qualified  to  the  office  of 

of  the  city  of  Bloomington  ;  Therefor,  I, , 

Mayor  (or  acting  Mayor,  as  the  case  may  be,)  of  said  city,  for 
and  in  behalf  of  the  people  thereof  do  hereby  commission  the 

said as  such in  and  for  said  city ;  to  have  and 

possess  the  said  office  with  all  the  rights,  powers  and  emolu- 
ments incident  thereto,  with  authority  to  execute  all  the  duties 
thereof  according  to  law  until  his  successor  shall  be  duly 
chosen  and  qualified. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
[  SEAL.  ]      and  caused  the  corporate  seal  of  said  city  to  be  af- 
fixed this  —  day  of in  the  year  18 — . 

ATTEST  :  (Signed)  ,  MAYOR. 

CLERK. 


OFFICERS.  83 


DIVISION  2. 
City  Assessor. 

SECTION  1.    Appointment  and  bond  of  Assessor. 
••         2.    Assessor  to  be  governed  by  statutes,  etc. 
"         3.    Township  assessors  appointed. 

SECTION  1.  APPOINTMENT  AND  BOND  OF  ASSESSOR.]  There 
shall  be  appointed  in  and  for  the  city  of  Blooraington,  as  pro- 
vided by  law,  one  City  Assessor,  who  shall,  before  entering 
upon  the  duties  of  his  office,  execute  to  the  city  a  bond  in  the 
penal  sum  of  one  thousand  dollars  conditioned  for  the  prompt 
and  faithful'performance  of  the  duties  of  City  Assessor,  as 
defined  by  the'ordinances  of  said  city  and  the  statutes  of  the 
State  of  Illinois. 

§  2.  ASSESSOR  TO  BE  GOVERNED  BY  STATUTES,  ETC.]  The 
City  Assessor,  upon  receiving  the  books  of  assessment,  shall 
proceed  promptly  to  assess  all  real  and  personal  property  with- 
in the  city  subject  to  taxation.  The  time  and  manner  of  as- 
sessment shall  be  the  same  as  that  prescribed  by  the  statutes 
of  the  State  of  Illinois  for  the  government  of  township  as- 
sessors. 

§  3.  TOWNSHIP  ASSESSORS  APPOINTED.]  Whenever  the  Mayor 
and  City  Council  of  said  city  may  think  fit  to  appoint  the  reg- 
ular Township  Assessors  of  Bloomington  and  Normal  town- 
ships as  the  assessors  of  said  city,  the  provisions  of  this  or- 
dinance shall  apply  to  each  of  such  assessors  the  same  as 
though  but  one  had  been  appointed,  as  contemplated  in  its 
terms. 

DIVISION  3. 
City  Attorney. 

SECTION  1.    Qualifications  and  bond  of  Attorney. 
"        2.    Duties  of  City  Attorney. 

SECTION  1.  QUALIFICATIONS  AND  BOND  OF  ATTORNEY.]  The 
City  Attorney  shall,  in  addition  to  the  qualifications  required 
in  section  two,  division  one,  of  this  chapter,  be  licensed  to 
practice  in  all  courts  of  the  State  of  Illinois;  and  before  en- 
tering upon  the  duties  of  his  office  he  shall  give  bond  to  the 
city  in  the  penal  sum  of  one  thousand  dollars,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

§  2.  DUTIES  OF  CITY  ATTORNEY.]  It  shall  be  the  duty  of  the 
City  Attorney  : 


84  ORDINANCES. 

ffirst — To  prosecute  all  suits  for  the  recovery  of  fines  and 
penalties  before  any  court  for  the  violation  of  any  of  the 
ordinances  or  laws  of  said  city. 

Second — To  institute  or  defend  any  suit  which  may  be 
brought  in  any  court  by  or  against  said  city,  or  which  may  be 
brought  by  or  against  any  of  its  officers  on  account  of  any  of 
their  official  acts. 

Third — To  collect  promptly  all  judgments  recovered  by  said 
city,  and  to  see  that  all  persons  failing  to  pay  fines  are  im- 
prisoned as  required  by  ordinance. 

Fourth — To  pay  into  the  city  treasury  all  money  which  may 
be  received  by  him  on  account  of  said  city,  and  take  receipts 
therefor. 

Fifth — To  report  monthly  to  the  City  Council  the  number  of 
suits  brought  in  behalf  of  the  city,  the  manner  in  which  they 
have  been  disposed  of,  the  aggregate  amount  of  judgments 
recovered  by  said  city,  the  amount  collected  by  him  upon  said 
judgments,  and  the  amount  paid  by  him  to  the  City  Treasurer, 
together  with  the  Treasurer's  receipts  therefor. 

Sixth — To  draft  all  ordinances,  bonds,  contracts,  leases,  con- 
veyances, and  such  other  instruments  of  writing  pertaining  to 
the  business  of  an  attorney,  as  may  be  required  by  the  busi- 
ness of  said  city. 

Seventh — To  inspect  and  examine  all  tax  and  assessment 
rolls,  and  to  institute  and  conduct  all  proceedings  in  refer- 
ence to  the  assessment  and  collection  of  city  taxes. 

Eighth — To  furnish  his  written  opinion  upon  any  legal  ques- 
tion submitted  to  him  for  such  opinion  by  the  City  Council, 
and  to  regularly  attend  all  meetings  of  said  Council. 

Ninth — To  perform  in  behalf  of  the  city  such  other  services 
incident  to  the  office  of  an  attorney,  as  may,  from  time  to 
time,  be  required  by  the  City  Council,  or  by  any  of  its  com- 
mittees or  officers. 

DIVISION  4. 
City  Clerk. 

SECTION  1.    Bond  of  City  Clerk. 
2.    Duties  of  City  Clerk. 

SECTION  1.  BOND  OF  CITY  CLERK.]  The  City  Clerk  of  the 
city  of  Bloomington,  shall  give  bond  in  the  penal  sum  of  one 
thousand  dollars,  with  security,  to  be  approved  by  the  City 
Council,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will,  at  the  expiration  of  his  term  of 


OFFICERS.  85 

office,  turn  over  to  his  successor  or  to  the  City  Council,  all 
books,  records,  and  other  property  coming  to  his  hands  as 
such  clerk. 

§  2.  DUTIES  OF  CITY  CLERK.]  It  shall  be  the  duty  of  the 
City  Clerk,— 

First — To  attend  all  meetings  of  the  City  Council,  and  keep 
a  full  and  correct  journal  of  Us  proceedings,  and  to  record  at 
length  in  such  proceedings  all  ordinances  passed  by  said  Coun- 
cil, and  not  published  in  book  form,  and  also  all  contracts  to 
which  the  city  may  be  a  party. 

Second — To  carefully  preserve  in  his  office  all  books,  records, 
and  papers  belonging  to  the  city,  which  may  come  to  his 
hands  as  clerk. 

Third — To  keep  full  and  complete  accounts  and  exhibits  of 
all  financial  transactions  of  the  city,  to  be  entered  upon  such 
books  as  are  provided  for  that  purpose,  in  form  of  double 
entry,  including  in  such  account  all  claims  against  the  city,  as 
the  same  may  be  allowed ;  and  all  orders  for  the  payment  of 
money  granted  and  on  what  account. 

Fourth — To  preserve  in  his  office  all  bills  on  which  any 
money  may  be  paid  out  by  the  city. 

Fifth — To  issue  all  licenses,  the  granting  of  which  may  be 
provided  for  by  ordinance,  and  to  keep  a  record  in  a  suitable 
book  of  each  license  granted,  to  whom  granted,  for  what  pur- 
pose, the  period  of  time  covered  thereby,  and  the  location  of 
the  place  of  business  of  the  person  obtaining  the  license. 

Sixth — To  do  and  perform  such  other  duties  pertaining  to 
his  office  as  may  be  necessary,  or  as  the  City  Council  may, 
from  time  to  time,  require. 

Seventh — Said  clerk  shall  keep  his  office  at  such  place  as  the 
City  Council  may  direct,  and  his  office  hours  shall  be  from 
eight  o'clock  a.  m.  to  twelve  m.,  and  from  one  o'clock  p.  m. 
until  five  o'clock  p.  m.  of  each  day. 

DIVISION  5. 
City  Collector. 

SECTION  1.  Bond  of  City  Collector. 

"         2.  Collector  to  proceed  as  provided  by  statute — settlement. 

"         3.  Collector  to  report  delinquent  taxes. 

"         4.  Appointment  of  town  collectors  as  collectors  for  city. 

SECTION  1.  BOND  OF  CITY  COLLECTOR.]  The  amount  of  the 
bond  of  the  City  Collector  shall  be  double  the  amount  of  taxes 
to  be  by  him  collected  for  the  city  during  the  year  for  which 
such  bond  is  given,  and  shall  be  conditioned  similarly  to  the 


86  ORDINANCES. 

bond  required  by  the  Statutes  of  Illinois  to  be  given  by  town 
collectors. 

§  3.  COLLECTOR  TO  PROCEED  AS  PROVIDED  BY  STATUTE — SET- 
TLEMENT.] Tbe  City  Collector  upon  receiving  the  tax  book 
or  books  shall  proceed  to  the  collection  of  the  city  taxes  in 
like  manner  as  is  by  the  Statutes  of  Illinois  provided  for  the 
collection  of  State,  county  and  town  taxes.  He  shall  use  a 
high  degree  of  diligence  to  collect  all  city  taxes  extended  upon 
the  books,  making  levies  when  necessary  for  that  purpose, 
and  he  shall  make  return  of  his  books,  accounts  and  vouchers, 
and  make  a  final  settlement  with  the  Finance  Committee  and 
the  City  Treasurer,  on  or  before  the  first  day  of  April  in  each 
year. 

3.  COLLECTOR  TO  REPORT  DELINQUENT  TAXES.]     The  City 
Collector  shall,  upon  concluding  his  collection  of  taxes,  make 
out  a  written  statement   of  all  delinquent  taxes  and  assess- 
ments for  such  year,  comprising  names  of  persons  by  whom 
owing,  whether  amount  due  in  each  case  is  real  estate  or  per- 
sonal tax,  with  remarks  as  to  whether  collectible,  and  submit 
the  same  to  the  City  Council  in  session. 

4.  APPOINTMENT  OF  TOWN  COLLECTORS  AS  COLLECTORS  FOR 
CITY.]     Whenever  the  regular  town  collectors  of  Bloomington 
and  Normal  townships  may  be  appointed  as  the  collectors  of 
said  city,  in  and  for  the  districts  or  parts  of  said  city,  com- 
prised within  their  respective  townships,  the  provisions  of  this 
division  shall  apply   to  each  of  such  collectors  the   same  as 
though  the  two  had  been  expressly  mentioned  in  its  terms. 

DIVISION  6. 
City  Engineer. 

SECTION  1.    Appointment  and  bond, 

"         2.    Stipulation  in  Engineer's  bond. 

"         3.    Duties  of  City  Engineer. 

"        4.    Books  and  materials  to  be  procured  by  and  belong  to  the  city. 

"  5.  Engineer  not  to  do  outside  work  without  consent  of  Council — nor  be 
interested  in  any  contract  with  city. 

"  6.  Engineer 'to  be  ex-offlcio  commissioner  of  sidewalks  and  special  as- 
sessments— duties  as  such. 

SECTION  I.  APPOINTMENT  AND  BOND.]  There  shall  be  ap- 
pointed in  and  for  the  City  of  Bloomington,  as  provided  by 
law,  one  City  Engineer,  who  shall,  before  entering  upon  the 
duties  of  his  office,  execute  to  said  city  a  bond  in  the  peual 
sum  of  one  thousand  dollars,  with  two  or  more  good  and 
sufficient  securities,  to  be  approved  by  the  City  Council,  con- 
ditioned that  he  will  faithfully  perform  his  duties  as  such  En- 
gineer, and  that  he  will  at  the  expiration  of  his  term  of  office 


OFFICERS.  87 

turn  over  to  his  successor,  or  to  the  city  of  Blooraington,  all 
books,  records,  surveys,  plats,  papers,  notes,  and  writings  com- 
ing to  his  hands  as  such  Engineer,  or  made  by  him  as  such 
Engineer  while  employed  by  the  city. 

§  2.  STIPULATION  IN  ENGINEER'S  BOND.]  The  bond  of  the 
City  Engineer  shall  in  addition  to  the  condition  provided  for 
in  section  one  hereof  contain  a  stipulation  in  the  following 
words,  to-wit  : 

"It  is  expressly  stipulated  and  agreed  by  the  parties  hereto 
that  in  case  the  said  (here  insert  name  of  engineer)  shall  fail  to 
make  all  records  and  writings  upon  the  books  of  the  city, 
which  are,  or  may  be,  by  ordinance  required  to  be  made  by 
him,  or  shall  fail  to  turn  over  to  his  successor,  or  to  the  city 
of  Bloomington,  or  its  authorized  officer  or  officers,  any  book, 
map,  survey,  memorandum,  or  any  field  notes,  or  other  result 
or  product  of  his  labor  as  such  Engineer,  as  the  same  is  or 
may  be  by  ordinance  required  to  be  turned  over  by  him,  then 
the  damages  for  such  default  on  the  part  of  the  said  (here  in- 
sert name  of  engineer)  shall  be  one  thousand  dollars  to  be 
taken  as  liquidated  assessed  and  agreed  upon  by  the  parties 
and  may  be  sued  for  and  recovered  without  any  other  or  further 
proof  of  damages  than  the  default  aforesaid." 

§  3.  DUTIES  OF  CITY  ENGINEER.]  It  shall  be  the  duty  of 
the  City  Engineer  ; 

First — To  make  the  requisite  maps,  plans,  specifications 
and  estimates  for  all  work  constructed  by  the  city  or  under  its 
authority. 

Second — To  keep  a  systematic  record  on  the  books  of  the 
city  of  all  transactions  within  his  department,  and  carefully 
preserve  in  his  office  all  maps,  plans,  and  surveys  of  the  city, 
and  all  records,  books,  papers  and  writings  made  by  him,  or 
coming  to  or  being  in  his  hands  as  such  City  Engineer. 

Third — To  report  monthly  to  the  City  Council  a  general 
abstract  of  all  the  operations  of  his  department;  the  amount 
of  work  executed,  and  the  amount  on  hand  unexecuted,  and 
such  other  information  as  may  be  deemed  of  importance,  or 
as  the  City  Council  may  require. 

Fourth — To  keep  in  a  suitable  book,  to  be  provided  by  the 
city,  all  grades  established  by  the  City  Council.  Said  grade 
book  shall  be  kept  in  the  office  of  said  City  Engineer,  and 
shall  be  the  exclusive  property  of  the  city,  and  all  entries 
therein  shall  be  made  with  ink. 

Fifth — To  give  grades  of  streets  or  alleys  to  persons  de- 
siring to  build  or  to  construct  sidewalks,  and  street  lines  to 
persons  desiring  to  construct  curbing,  when  instructed  so  to 


88  ORDINANCES. 

do  by  the  City  Council  or  its  authorized  committee  ;  Provided, 
that  no  grade  shall  be  given  unless  the  same  is  established  by 
ordinance. 

Sixth — To  turn  over  to  his  successor,  or  some  other  person 
authorized  to  receive  the  same  for  the  city,  at  the  expiration 
of  his  term  of  office  all  records,  books,  plats,  maps,  surveys, 
plans,  writings,  papers,  and  instruments  received  or  in  his 
custody,  together  with  all  field  notes  and  other  results  and 
products  of  his  labor  while  acting  as  such  Engineer. 

Seventh — To  do  and  perform  such  other  duties  pertaining 
to  the  business  of  his  department  as  may  from  time  to  time 
be  necessary,  or  as  the  City  Council  or  any  authorized  com- 
mittee thereof  may  require  of  him. 

§    4.      BOOKS  AND  MATERIALS   TO  BE  PROCURED  BY,  AND  BELONG 

TO,  THE  CITY.]  The  Engineer  shall  advise  the  City  Council  of 
all  books,  stationery,  instruments  and  material  required  in  his 
department,  and  upon  the  order  of  said  C  ouncil,  shall  procure 
the  same  at  the  expense  of  the  city,  and  he  shall  keep  all 
records,  maps,  charts,  surveys,  grades  and  plans,  and  likewise 
make  all  memorandums  of  his  work,  and  all  field  notes  of 
surveys  upon  the  books  of  the  city  so  procured,  or  in  his 
hands,  and  all  such  records,  maps,  charts,  surveys,  grades, 
plans,  memorandums  and  field  notes,  together  with  all  pro- 
ducts and  results  of  his  labors  as  such  Engineer,  shall  be  the 
property  of  the  city  and  constitute  a  part  of  the  records  to  be 
turned  over  by  him  to  his  successors,  or  to  the  city,  as  is  here- 
in above  provided. 

§  5.  ENGINEER  NOT  TO  DO  OUTSIDE  WORK  WITHOUT  CONSENT  OF 
COUNCIL,  OR  BE  INTERESTED  IN  ANY  CONTRACT  WITH  THE  CITY.] 
The  City  Engineer  shall  devote  his  entire  time  and  energies 
to  the  performances  of  his  duties,  and  in  no  case  shall  he, 
while  employed  by  the  city,  do  for  hire  any  engineering,  sur- 
veying, or  other  work  pertaining  to  the  business  of  an  Engin- 
eer for  any  person,  company  or  corporation,  other  than  said 
city,  without  the  consent  of  the  City  Council,  and  all  earnings 
received  for  any  such  outside  work  shall  be  paid  over  by  him 
to  the  City  Treasurer ;  nor  shall  he,  during  his  term  of  ofiice, 
be  either  directly,  or  indirectly  concerned  or  interested  in  any 
contract  with  the  city  for  any  public  work. 

§  6.  ENGINEER  TO  BE  EX-OFFICIO  COMMISSIONER  OF  SIDEWALKS 
AND  SPECIAL  ASSESSMENTS — DUTIES  AS  SUCH.]  The  City  Engin- 
eer shall  be  ex-ojficio  commissioner  of  sidewalks  and  special 
assessments,  and  as  such  shall  keep  a  full  record  in  a  conven- 
ient and  legible  form,  of  all  special  assessments  for  the  build- 
ing of  sidewalks  and  other  purposes,  including  all  made  since 


OFFICERS.  89 

the  first  day  of  July,  1872.  He  shall  prepare  all  descriptions 
of  property  to  be  assessed  with  owner's  names ;  prepare  and 
cause  to  be  served,  published  or  posted,  as  the  case  may  be,  all 
notices  required  by  law  to  be  given  in  the  case  of  special  as- 
sessments, and  also  all  notices  required  to  be  given  where 
property  has  been  purchased  by,  or  on  behalf  of  the  city,  for 
unpaid  special  assessments  ;  and  perform  such  other  duties  in 
relation  to  sidewalks  and  special  assessments  as  the  Council 
may  from  time  to  time  direct. 

DIVISION  7. 
Ctiy  Weigher. 

SECTION  1.    City  Weigher — appointment  and  bond — deputies. 
"         2.    Duties  of  Weigher. 
"         3.    Weigher  to  keep  book. 
"        4    False  certificate,  etc.,— penalty. 

SECTION  1.  CITY  WEIGHER— APPOINTMENT  AND  BOND— DEPUTIES.] 
There  shall  be  annually  appointed,  in  and  for  the  city  of  Bloom- 
ington,  one  City  Weigher,  who  shall,  before  entering  upon  the 
duties  of  his  office,  execute  to  said  city  a  bond,  with  security, 
to  be  approved  by  the  City  Council,  in  the  penal  sum  of  five 
hundred  dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office.  Said  Weigher  may  appoint  deputies, 
if  deemed  necessary,  for  whose  acts  said  Weigher  and  his  se- 
curities shall  be  responsible, 

2.  DUTIES  OF  WEIGHER.]  The  City  Weigher  shall  have 
charge  of  all  public  scales  of  said  city,  and  shall,  by  himself 
or  deputies,  attend  at  said  scales  from  sunrise  till  sunset  of 
each  day,  (Sundays  and  legal  holidays  excepted)  and  there 
weigh  every  load  of  grain,  hay,  stone-coal,  or  other  thing  pre- 
sented to  be  weighed,  and  give  to  the  person  presenting  the 
same  a  dated  certificate  of  gross  tare  and  net  weight  thereof. 
Where  contract  is  made  in  advance  with  said  Weigher,  for 
the  weighing  of  an  entire  car-load  of  any  article,  he  may  in- 
clude the  whole  of  said  car-load  in  one  certificate. 

3  WEIGHER  TO  KEEP  BOOK.]  Said  Weigher  shall  enter  in 
a  suitable  book,  to  be  furnished  him  by  the  city,  every  load  of 
grain,  hay,  stone-coal,  or  other  thing  weighed  by  him.  desig- 
nating the  kind  and  weight  of  each,  for  whom  weighed,  and 
the  amount  of  fees  received  therefor. 

4.    FALSE  CERTIFICATE,  ETC. — PENALTY.]  Any  City  Weigher 
who  shall  neglect  or  refuse  to  weigh  any  load  of  hay,  stone- 
coal,  or  other  thing  presented  to  be  weighed,  upon  request 
and  tender  of  fees,  or  who  shall  give  any  false  certificate  of 
—12 


90  ORDINANCES. 

weight  to  any  person,  or  whoever  shall  seek  to  make  any 
certificate  of  the  City  Weigher  apply  to  any  other  or  different 
matter  or  thing  than  that  for  which  the  such  certificate  was 
given  shall,  on  conviction,  be  fined  not  less  than  twenty  dollars 
nor  more  than  one  hundred  dollars. 


DIVISION  8. 
Health  Officer. 

SECTION  1.  Health  officer — appointment  and  bond. 

2.  Duties  of  Health  Officer. 

3.  Disobeying  orders  of  Health  Officer— penalty. 

4.  To  make  complaint  against  the  authors  of  nuisances. 

5.  Marshal  and  policeman  to  assist  Health  Officer. 

6.  City  Council  may  retire  from  pay. 

SECTION  1.  HEALTH  OFFICER — APPOINTMENT  AND  BOND.] 
There  shall  be  appointed  in  and  for  the  city  of  Bloomington 
one  Health  Officer  who  shall  give  bond  to  the  city  in  the  sum 
of  five  hundred  dollars,  with  security,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

§  2.  DUTIES  OF  HEALTH  OFFICER.]  It  shall  be  the  duty  of 
the  Health  Officer  from  time  to  time  and  as  often  as  the  health 
of  the  city  may  require  it,  or  as  he  shall  be  requested  by  the 
Mayor  of  said  city,  to  go  into  or  upon  any  premises  in  said 
city  and  make  a  careful  examination  of  the  same  with  refer- 
ence to  their  sanitary  condition  and  arrangement,  and  to  give 
such  orders  and  directions  in  relation  to  their  ventilation, 
cleanliness  and  sanitary  condition  in  general  as  he  may  deem 
necessary  to  secure,  protect,  preserve  or  restore  the  general 
health  and  to  prevent  the  introduction  of  contagious  or  other 
diseases  into  the  city. 

§  3.  DISOBEYING  ORDERS  OF  HEALTH  OFFICER — PENALTY.] 
Whoever  shall  refuse  or  neglect  to  obey  or  carry  out  the  di- 
rections or  orders  of  the  Health  Officer,  given  in  pursuance 
the  preceding  section,  shall  be  fined  not  less  than  three  dol- 
lars nor  more  than  ten  dollars  for  each  day  of  such  neglect  or 
refusal. 

§  4.  TO  MAKE  COMPLAINTS  AGAINST  THE  AUTHORS  OF  NUI- 
SANCES.] It  shall  also  be  the  duty  of  said  Health  Officer  to 
make  complaint  against  any  person  whom  he  may  know  to 
be  the  author  of  any  nuisance  within  said  city,  and  cause 
such  person  to  be  prosecuted  and  euch  nuisance  to  be  abated, 
as  provided  by  the  ordinances  of  said  city. 

§  5.  MARSHAL  AND  POLICEMEN  TO  ASSIST  HEALTH  OFFICER.] 
The  Marshal  and  policemen  of  the  city  shall  render  such  as- 


OFFICERS.  91 

sistance  to  the  Health  Officer  in  the  discharge  of  his  duties  as 
he  shall  from  time  to  time  require  of  them. 

§  6.  CITY  COUNCIL  MAY  RETIRE  FROM  PAY.]  The  City  Coun- 
cil may  by  resolution  retire  the  Health  Officer  from  active 
service  and  from  pay  as  a  city  officer  during  any  portion  of 
the  year  when  they  may  deem  his  services  unnecessary. 

DIVISION  9. 
Inspector  of  Weights  and  Measures. 

SECTION  1.  Appointment  and  bond. 

2.  City  Clerk  to  procure  standards. 

3.  Inspector's  office  — to  inspect  and  stamp  scales,  etc. 

4.  To  inspect  on  request — complaint,  etc. 

5.  lucorrect  scales,  etc.,  to  be  condemned— penalty. 

6.  Report  of  Inspector. 

7.  Using  uninspected  weights  or  measures. 

8.  False  weights,  etc. — giving  too  little  of  article — penalty. 

9.  Hindering  or  delaying  inspector— penalty. 

SECTION  1.  APPOINTMENT  AND  BOND.]  There  shall  be  an- 
nually appointed,  in  and  for  the  city  of  Bloomington,  as  pro- 
vided by  law,  one  Inspector  of  Weights  and  Measures,  who 
shall  give  bond  to  the  city  in  the  penal  sum  of  five  hundred 
dollars,  with  two  or  more  securities,  to  be  approved  by  the 
City  Council,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office. 

§  2.  CITY  CLERK  TO  PROCURE  STANDARDS.]  The  City  Clerk 
shall,  at  the  expense  of  the  city,  procure  correct  and  approved 
standards  of  weights  and  measures,  comprising  a  full  set  of 
weights,  measures,  scales  and  beams,  as  adopted  by  the 
statutes  of  the  State  of  Illinois,  as  the  standard  of  weights 
and  measures  for  said  State,  and  he  shall  cause  each  of  the 
weights,  measures,  scales  and  beams,  procured  as  aforesaid,  to 
be  tested  and  sealed  by  the  State  Sealer,  and  the  same  shall  be 
used  by  the  said  Inspector  of  Weights  and  Measures  as  the 
standards  for  testing  the  weights  and  measures  of  said  city, 
and  shall  be  kept  by  said  Inspector  in  his  office  as  city  prop- 
erty, and  be  by  him  turned  over  to  his  successor,  or  to  the 
city,  at  the  expiration  of  his  term  of  office. 

§  3.  INSPECTOR'S  OFFICE — TO  INSPECT  AND  STAMP  SCALES,  ETC.] 
It  shall  be  the  duty  of  the  Inspector  of  Weights  and  Measures, 
to  keep  an  office  within  the  city,  and  to  designate  by  card  or 
otherwise,  the  hour  or  hours  of  each  day  when  he  may  be 
found  in  his  office.  He  shall  once  in  each  year  between  the 
first  day  of  May  and  the  first  day  of  October,  inspect  where 
situate,  and  test  the  accuracy  of,  all  weights,  measures,  bal- 
ances, scales,  beams,  and  all  other  instruments  or  things  used 


92  ORDINANCES. 

for  measuring  or  weighing  any  article  for  sale  within  the  city 
and  stamp  with  a  suitable  stamp  or  seal,  all  scales,  weights 
and  measures  found  to  be  correct,  and  deliver  to  the  owners 
thereof  certificates  of  their  accuracy.  The  stamp  or  seal  used 
shall  indicate  the  date  of  inspection,  and  that  the  weight, 
measure  or  scale  on  which  it  is  placed  is  correct.  Said  in- 
spector shall,  on  request,  inspect  all  city  scales  free  of  charge. 

§  4.      TO    INSPECT    ON    REQUEST — COMPLAINT,    ETC. — FEES.]      It 

shall  be  the  duty  of  said  inspector  whenever  complaint  is  made 
to  him  by  any  person  interested,  or  whenever  he  may  have 
reason  to  believe  that  any  weight,  measure,  scale,  balance,  or 
other  instrument  used  for  weighing  or  measuring  in  said  city 
is  incorrect,  or  whenever  thereto  requested  by  the  owner  of, 
or  person  using  any  such,  to  inspect  and  test  the  same,  with- 
out regard  to  the  date  of  any  previous  inspection :  Provided, 
That  said  inspector  shall  not  be  entitled  to  charge  for  any  ex- 
cept the  regular  yearly  inspection,  except  in  cases  where  re- 
quested to  inspect  by  the  owner  or  user,  or  when  the  weight, 
measure,  scale,  balance  or  instrument  inspected  is  found  to  be 
inaccurate  and  untrue,  when  the  regular  fees  may  be  charged. 

§  5.  INCORRECT  SCALES,  ETC.,  TO  BE  CONDEMNED — PENALTY.] 
If  upon  examination  said  inspector  shall  find  any  weight, 
measure,  balance,  scale,  beam,  or  other  instrument  or  thing 
to  be  incorrect  or  untrue,  he  shall  condemn  the  same,  and 
forthwith  notify  the  owner  or  user  thereof  of  such  condem- 
nation, and  the  use  of  any  weight,  measure,  balance,  scale  or 
other  instrument  or  thing  so  condemned,  is  hereby  prohibited 
until  the  same  shall  have  been  corrected  and  sealed  by  the  in- 
spector, under  a  penalty  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

§  6.  REPORT  OF  INSPECTOR.]  Within  ten  days  after  the 
completion  of  each  annual  inspection  of  weights  and  measures, 
said  inspector  shall  make  a  report  to  the  City  Council,  setting 
forth  all  weights  and  measures  inspected  by  him  for  the  year 
with  the  owners  names  respectively,  and  noting  what  weights 
and  measures  were  found  correct  and  what  incorrect;  which 
said  report  shall  be  filed  away  and  preserved  by  the  City 
Clerk. 

§  7.  USING  UNINSPECTED  WEIGHTS  OR  MEASURES.]  After  the 
first  day  of  October,  in  the  year  eighteen  hundred  and  seventy- 
six,  no  person  shall,  within  said  city,  use  for  weighing  or 
measuring  articles  for  sale,  any  weight,  measure,  scale,  beam, 
balance,  or  other  instrument  or  thing,  unless  the  same  shall 
have  been  inspected,  tested  and  stamped  by  the  Inspector  of 


OFFICERS.  93 

Weights  and  Measures,  under  a  penalty  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

§  8.  FALSE  WEIGHTS,  ETC. — GIVING  TOO  LITTLE  OF  ARTICLE — 
PENALTY.]  Whoever  shall  use  in  weighing  or  measuring  any 
article  for  sale,  within  said  city,  any  weight,  measure,  scale, 
beam,  balance,  or  other  instrument  or  thing,  which  does  not 
conform  to  the  standard  prescribed  by  the  statutes  of  the  State 
of  Illinois;  or  whoever  shall  give  a  less  quantity  of  any 
article  or  thing  sold  than  is  contracted  or  paid  for  by  the 
buyer,  computing  by  the  standard  and  mode  of  measuring  or 
weighing  adopted  and  prescribed  in  the  statutes  aforesaid,  for 
the  article  so  sold,  shall,  on  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

§  9.  HINDERING  OR  DELAYING  INSPECTOR — PENALTY.]  Said 
inspector  shall,  during  ordinary  business  hours,  have  access  to 
all  rooms  or  places  where  any  scales,  weights,  or  measures 
used  for  weighing  or  measuring  are  kept ;  and  any  person  re- 
fusing, upon  demand,  to  exhibit  to  said  inspector,  for  inspec- 
tion, any  and  all  weights,  measures,  scales,  beams,  balances, 
or  other  instruments  or  things  used  or  owned  by  him,  or  who 
shall  in  any  manner  hinder  or  delay  said  inspector  in  the  per- 
formance of  any  of  his  duties  as  herein  prescribed,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

DIVISION  10. 

Measurer. 

i 

SECTION  1.  Appointment  and  bond. 

"         2.  Lumber,  etc.— when  to  be  measured. 

"         3.  Fraudulent  certificate,  etc.— penalty. 

"         4.  Failing  to  measure — penalty. 

SECTION  1.  APPOINTMENT  AND  BOND.]  There  shall  be  ap- 
pointed in  and  for  the  city  of  Bloomington,  as  provided  by 
law,  one  City  Measurer,  who  shall,  before  entering  upon  the 
duties  of  his  office,  give  bond  to  the  city  in  the  penal  sum  of 
five  hundred  dollars,  with  two  or  more  securities,  to  be  ap- 
proved by  the  City  Council,  conditioned  for  the  faithful  and 
prompt  performance  of  the  duties  of  his  office. 

§  2.  LUMBER,  ETC. — WHEN  TO  BE  MEASURED — CERTIFICATE.] 
All  lumber  or  other  building  material,  sold  or  purchased,  to 
be  used  within  said  city,  and  likewise  all  mechanical  work 
done  or  performed  within  said  city,  shall,  if  any  party  con- 
cerned requires  it,  be  measured  by  the  City  Measurer,  and  on 
request  such  Measurer  shall  promptly  make  any  such  measure- 


94  ORDINANCES. 

ments  and  give  a  certificate  of  the  results  thereof  to  each  party 
interested.  He  shall  use  standard  measures,  which  the  City 
Inspector  of  Weights  and  Measures  shall  test  correct,  and  seal 
for  him,  free  of  charge. 

§  3.  FRAUDULENT  CERTIFICATES,  ETC. — PENALTY.]  Whoever 
shall,  with  intent  to  cheat  or  defraud  another,  exhibit  any  false 
or  forged  certificate  of  measurement,  or  shall  fraudulently  en- 
deavor to  make  any  genuine  certificate  of  the  City  Measurer 
applicable  to  any  greater  or  less  quantity  of  lumber,  material, 
or  work,  or  to  any  other  or  different  lumber,  material  or  work, 
than  that  for  which  the  same  was  given,  shall  be  fined  not  less 
than  ten  dollars  Lor  more  than  one  hundred  dollars,  for  each 
offense. 

§  4.  FAILING  TO  MEASURE — PENALTY.]  Any  City  Measurer, 
who  shall  tail,  on  request  of  any  interested  party,  to  promptly 
repair  to,  and  measure  any  lumber,  building  material,  or 
mechanical  work,  unless  he  is  at  the  time  officially  engaged, 
shall  be  fined,  on  conviction,  not  exceeding  twenty  dollars. 

DIVISION  11. 
Oil  Inspector. 

SECTION  1     Appointment  and  Bond. 
"        2.    Duties  of  oil  inspectors. 

SECTION  1.  APPOINTMENT  AND  BOND.]  There  shall  be  ap- 
pointed in  and  for  the  city  of  Bloomingtou,  as  provided  by 
law,  one  inspector  of  coal  oil  and  burning  fluid,  and  such 
additional  number  as  the  City  Council  may  from  time  to  time 
by  resolution  provide.  Such  inspectors  shall,  before  entering 
upon  their  duties,  severally  give  bond  with  one  or  more  good 
and  sufficient  securities,  to  be  approved  by  the  City  Council, 
conditioned  for  the  faithful  performance  of  their  respective 
duties  as  such  inspectors. 

§  2.  DUTIES  OF  OIL  INSPECTORS.]  It  shall  be  the  duty  of 
such  inspectors  to  inspect  and  test  oils  and  burning  fluids,  as 
provided  by  statute  ;  and  to  make  monthly  reports  to  the  City 
Council  of  the  amount,  kind  and  quality  of  all  oil  and  burn- 
ing fluid  inspected  by  them,  and  the  names  of  the  owners  of 
each  parcel,  together  with  such  other  information  as  the  City 
Council  mav  direct. 


OFFICERS.  95 


DIVISION  12. 
Street  Commissioner. 

SECTION  1.  'Htreet  Commissioner's  bond. 
"        2-    Duties  of  Street  Commissioner. 

SECTION  1.  STREET  COMMISSIONER'S  BOND.]  The  Street 
Commissioner  of  the  city  of  Bloomington  shall,  before  enter- 
ing upon  the  duties  of  his  office,  give  bond  to  the  city  in  the 
penal  sum  of  five  hundred  dollars,  with  security,  to  be  approved 
by  the  City  Council,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

§  2.  DUTIES  OF  STREET  COMMISSIONER.]  The  duties  of  the 
Street  Commissioner  shall  be  as  follows : 

First — To  forthwith  mend  all  breaks  or  places  requiring  re- 
pairs, in  any  public  street  or  crossing,  and  also  in  any  sidewalk, 
where  the  repairs  needed  are  slight,  and  do  not  require  the 
construction  of  a  new  walk. 

Second — To  annually  cause  all  streets  and  alleys  of  the  city 
to  be  thoroughly  cleansed,  beginning  in  the  spring  of  each 
year,  and  to  keep  them  clean  and  free  from  weeds,  so  far  as 
practicable,  during  the  year,  in  which  work  he  shall  be  under 
the  direction  of  the  Mayor,  when  not  specially  instructed  by 
resolution  of  the  City  Council. 

Third — To  cause  all  ordinances  of  the  city  respecting  streets, 
alleys,  public  grounds,  sidewalks,  drains  and  sewers,  to  be 
obeyed  and  enforced. 

Fourth — To  perform  ex-officio  the  duties  of  Health  Officer  of 
said  city,  at  all  times,  when  no  Health  Officer  is  on  active  duty. 

Fifth — To  report  monthly  to  the  City  Council  all  work  done 
during  the  month,  and  all  expenses  incurred  in  his  depart- 
ment, and  upon  what  account  and  to  whom  each  item  is  in- 
curred. 

Sixth — To  obey  such  orders,  general  or  special,  as  may  from 
time  to  time  be  given  him  by  the  City  Council,  executing  all 
special  directions  of  said  Council,  in  the  order  in  which  the 
same  are  given,  unless  otherwise  specially  directed. 


96  ORDINANCES. 

DIVISION  13. 
Treasurer. 

SECTION  1.    Bond  of  City  Treasurer. 
"        2.    Duties  of  City  Treasurer. 
"        3.    Treasurer  to  keep  account  of  indebtedness,  assets,  etc. 

SECTION  1.  BOND  OF  CITY  TREASURER.]  The  amount  of  the 
bond  to  be  given  by  the  City  Treasurer  shall  be  fixed  each 
year  by  the  City  Council  at  the  time  of  his  appointment,  or  as 
soon  thereafter  as  practicable.  The  amount  of  such  bond 
shall  be  determined  as  nearly  as  may  be  according  to  the  prob- 
able amount  of  funds  to  be  handled  by  such  treasurer  during 
his  term  of  office ;  and  the  Council  may  at  any  time  require  a 
new  or  additional  bond  when  in  their  judgment  the  one  given 
is  for  any  reason  insufficient. 

§  2.  DUTIES  OF  CITY  TREASURER.]  The  Treasurer  of  said 
city  shall  keep  a  full  record  of  all  the  financial  operations  of 
the  city ;  receive  all  moneys  belonging  to  the  city,  and  be  re- 
sponsible for  the  same ;  keep  a  regular  and  fair  account  of  all 
moneys  received  and  disbursed,  of  whom  received  and  to  whom 
paid;  and  noting  particularly  in  his  accounts  on  what  account 
moneys  are  received  and  paid  out.  He  shall  at  the  end  of  each 
month  exhibit  to  the  Council  an  abstract  of  his  accounts  of 
moneys  received  and  paid  out.  He  shall  in  no  case  pay  out 
any  money,  except  upon  the  order  of  the  Mayor,  attested  by 
the  Clerk  :  and  every  such  order  shall  be  stamped  upon  its  face 
denoting  the  time  of  payment.  At  the  end  of  his  official  term 
he  shall  make  out  and  file  with  the  Clerk  a  full  and  complete 
statement  of  all  moneys  received  and  disbursed  by  the  City 
during  the  year. 

§  3.  TREASURER  TO  KEEP  ACCOUNT  OF  INDEBTEDNESS,  ASSETS, 
ETC.]  The  City  Treasurer  shall  keep  an  accurate  and  full  ac- 
count under  the  head  of  "bills  payable"  and  "bills  receivable" 
of  the  entire  indebtedness  of  the  city,  floating  and  bonded,  and 
likewise  of  all  assets  of  the  city  and  amounts  due  the  same, 
and  of  all  property  bought  in  for  taxes  by  the  city  under 
special  assessments. 


ORDINANCES.  97 

CHAPTER    XIV. 

ORDINANCES. 

SECTION  1.  Printing  of  ordinances — certificate,  etc. 

"         2.  When  to  take  effect. 

"         3.  Two  offenses — election  of  prosecutor. 

4.  Singular  and  plural  words — corporations. 

5.  Construction  of  certain  words. 

6.  Application  of  rules. 

7.  Repeals,  construction  of. 

8.  Repeal — exception — saving  clause. 

SECTION  1.  PRINTING  OF  ORDINANCES,  CERTIFICATE,  ETC.]  It 
shall  be  the  duty  of  the  City  Clerk  of  the  city  of  Blooming- 
ton,  to  cause  prompt  publication  to  be  made  in  the  newspaper 
doing  the  city  printing,  of  all  ordinances  passed  by  the  City 
Council,  and  he  shall  procure  the  certificate  of  the  printer  to 
such  publication,  and  attach  it  to  the  record  of  the  ordinance 
so  published,  or  write  and  attest  it  upon  the  face  of  such 
record  as  required  by  section  three  of  an  act  of  the  legis- 
lature of  the  state  of  Illinois,  entitled  "An  act  to  amend  the 
charter  of  the  city  of  Bloomington,"  approved  March  8, 1869. 
Said  Clerk  shall  procure  printed  slips  of  any  ordinance  for  the 
convenience  of  members,  when  directed  so  to  do  by  the  City 
Council ;  and  the  originals  of  all  ordinances  shall  be  filed 
away  and  preserved  by  said  Clerk  in  his  office  :  Provided,  that 
nothing  in  this  section  contained  shall  be  applicable  to,  or  in 
any  manner  affect  any  ordinance  included  in  any  compilation 
or  revision  of  ordinances,  which  at  any  time  may  be  collect- 
ively published  in  book  or  pamphlet  form,  by  authority  of  the 
City  Council. 

§  2.  WHEN  TO  TAKE  EFFECT.]  All  ordinances  passed  by  the 
City  Council  shall  take  effect  from  and  after  the  due  publica- 
tion thereof  in  any  newspaper  published  within  said  city, 
unless  therein  otherwise  expressly  provided. 

§  3.  Two  OFFENSES — ELECTION  OF  PROSECUTOR.]  In  all  cases 
where  the  same  offense  may  be  punishable,  or  shall  be  created 
by  different  clauses  or  sections  of  the  ordinances  of  the  city, 
the  prosecuting  officer  may  elect  under  which  to  proceed  ;  but 
not  more  than  one  recovery  shall  be  had  against  the  same  per- 
son for  the  same  offense. 

§  4.  SINGULAR  AND  PLURAL  WORDS — CORPORATIONS.]  When- 
ever any  word  in  any  ordinance  importing  the  plural  number 
shall  be  used  in  describing  or  referring  to  any  matters,  parties 
or  persons,  any  single  matter,  party  or  person  shall  be  deemed 


9$  ORDINANCES. 

to  be  included,  although  distributive  words  may  not  be  used. 
And  when  any  subject  matter,  party  or  person  shall  be  referred 
to  in  any  ordinance  by  words  importing  the  singular  number 
only,  or  the  masculine  gender,  several  matters,  parties  or  per- 
sons, and  females  as  well  as  males,  shall  be  deemed  to  be 
included  ;  and  all  ordinances  shall  be  taken  and  construed  to 
include  within  their  meaning  and  terms,  and  to  operate  upon  all 
incorporated  companies  acting  through  agents,  servants  or 
employes,  within  the  city,  the  same  as  though  such  companies 
were  expressly  mentioned  and  included. 

§  5.  CONSTRUCTION  OF  CERTAIN  WORDS.]  The  word  "court," 
when  used  in  any  ordinance  of  said  city,  shall  he  construed  to 
mean  any  court  of  competent  jurisdiction,  and  the  word 
"month,"  when  used  in  any  ordinance,  shall  be  construed  to 
mean  a  calendar  month,  and  the  word  "sworn"  to  mean  sworn 
or  affirmed. 

§  6.  APPLICATION  OF  RULES.]  The  rules  of  construction 
prescribed  in  this  chapter,  shall  govern  in  all  cases,  unless  it 
shall  be  otherwise  specially  provided  in  the  ordinance  to  be 
construed,  or  unless  there  be  something  in  the  subject  matter 
or  context  thereof  repugnant  to  such  construction  ;  and  all 
general  terms,  provisions,  phrases  or  expressions  used  in  any 
ordinance,  shall  be  liberally  construed,  in  order  that  the  true 
meaning  and  intent  of  the  City  Council  may  be  carried  out. 

§  7.  REPEALS,  CONSTRUCTION  OF.]  Unless  otherwise  express- 
ly provided,  no  suit,  prosecution,  proceeding,  right,  fine  or 
penalty,  instituted,  created,  given,  secured,  or  accrued  under 
any  provision  of  any  ordinance,  previous  to  its  repeal,  shall  in 
anywise  be  affected,  released,  or  discharged  by  the  repeal  of 
such  provision,  but  may  be  prosecuted,  enjoyed  and  recovered 
as  fully  as  if  such  ordinance  had  continued  in  force;  and  when 
any  ordinance  repealing  any  former  ordinance,  clause,  or  pro- 
vision, shall  itself  be  repealed,  such  repeal  shall  not  be  con- 
strued to  revive  such  former  ordinance,  unless  it  be  expressly 
so  provided. 

§  8.  REPEAL — EXCEPTION — SAVING  CLAUSE.]  All  general 
ordinances  of  the  city  of  Bloomington  heretofore  passed  in 
relation  to  the  subject  matter  of,  or  inconsistent  with,  any  of 
the  provisions  of  any  chapter  of  the  ordinances  of  said  r-ity  as 
revised,  compiled,  and  arranged  by  Isaac  N.  Phillips,  and 
ordered  to  be  published  in  book  form  by  authority  of  the  City 
Council  of  said  city,  of  which  said  revision  this  chapter  forms 
a  part,  are  hereby  severally  repealed:  Provided.,  That  no  spe- 
cial ordinance,  nor  any  ordinance  for  the  making  of  any  pub- 
lic improvement,  nor  any  ordinance  herein  republished  with- 


POLICE   DEPARTMENT.  99 

out  material  change,  shall  be  deemed  to  be  repealed  by  this 
section  :  And  Provided  further,  That  such  repeal  shall  not  effect 
any  act  done,  or  any  right  accruing,  or  accrued,  or  established, 
or  any  suit,  action,  or  proceeding  had  or  commenced  in  any 
case,  before  the  time  when  said  repeal  shall  take  effect,  or  any 
offense  committed,  or  any  penalty  or  forfeiture  incurred,  or 
any  suit  or  prosecution  pending  at  the  time  of  such  repeal  for 
any  offense  committed,  or  for  the  recovery  of  any  penalty  or 
forfeiture  incurred  under  any  provision  of  any  ordinance  so 
repealed. 


CHAPTER  XV. 

POLICE  DEPARTMENT. 

SECTION  l.  Police  Department — how  composed. 

2  Mayor  to  be  head  of  department. 

3.  Powers  of  members. 

4.  Duties  of  City  Marshal. 

5.  Marshal  to  be  custodian  of  property — special  policemen's  stars. 

6.  Marshal  to  make  monthly  report. 

7.  Duties  of  subordinates. 

8-  Appointment  of  special  policemen. 

9.  Rank  of  policemen. 

10.  Causes  for  removal. 

11.  Rules  and  regulations. 

12.  Police  uniforms. 

SECTION  1.  POLICE  DEPARTMENT — now  COMPOSED.]  The 
police  department  of  the  city  of  Bloomington,  shall  consist  of 
the  Mayor,  Aldermen  and  Health  Officer  of  said  city — who 
shall  be  ex-qfficio  members  of  the  police  department — one  City 
Marshal,  one  Captain  of  Night  Police,  and  such  other  subordi- 
nate officers,  policemen  and  watchmen,  as  the  Mayor  and  City 
Council  may  from  time  to  time  appoint. 

§  2.  MAYOR  TO  BE  HEAD  or  THE  DEPARTMENT.]  The  Mayor 
shall  be  the  head  of  the  police  department,  and  shall  superin- 
tend and  direct  the  police  force  generally.  He  shall  see  that 
the  several  members  of  the  department  are  prompt  and  faithful 
in  the  discharge  of  their  duties,  and  from  time  to  time  take 
such  measures  and  adopt  such  regulations  as  he  may  deem 
necessary  for  the  preservation  of  the  peace  and  good  order  of 
the  city,  and  the  due  enforcement  of  all  the  laws  and  ordi- 
nances thereof. 

§  3.  POWERS  OF  MEMBERS.]  Every  member  of  the  police 
department  shall  have  power  to  arrest,  with  or  without  pro- 
cess, and  bring  before  some  proper  tribunal  in  said  city,  all 
persons  who  may  break,  or  threaten  to  break,  the  peace,  or 


100  ORDINANCES. 

who  may  be  found  in  the  act  of  violating,  or  who  maj  reason- 
ably be  suspected  of  having  violated,  any  ordinances  of  said 
city,  and  to  detain  any  such  person  in  custody  until  such  time 
as  an  examiuation  may  be  had  in  pursuance  of  law.  They 
shall  also  have  power  to  serve  all  process  issued  by  virtue  of 
the  laws  and  ordinances  of  the  city  of  Bloomirigton. 

§  4.  DUTIES  OF  CITY  MARSHAL.]  The  City  Marshal  shall  be 
the  commanding  officer  of  the  entire  police  force  of  the  city, 
subject  only  to  the  Mayor,  or  the  Council  in  session.  He  shall 
devote  his  whole  time  and  energy  to  the  discharge  of  his  du- 
ties, and  shall  see  that  the  laws  and  ordinances  are  enforced 
as  far  as  possible  by  the  force  under  his  command,  and  that  all 
oifenders  are  reported  to  some  proper  tribunal  for  punishment. 
He  shall  assign  to  all  policemen  or  patrolmen  under  him  their 
different  beats  or  districts,  and  their  respective  hours  of  ser- 
vice, and  shall  see  that  they  are  on  duty  during  the  whole 
time  of  their  watch,  and  in  case  of  his  necessary  absence  from 
the  city,  his  duties  shall  devolve  upon  the  officer  of  the  force 
next  in  rank  :  Provided,  That  said  Marshal  shall  in  no  case  ab^ 
sent  himself  from  the  city  without  notifying  the  Mayor  of  his 
intended  absence,  where  the  same  is  practicable. 

§  5.  MARSHAL  TO  BE  CUSTODIAN  OF  PROPERTY — SPECIAL  PO- 
LICEMEN'S STARS.]  The  City  Marshal  shall  be  the  custodian  of 
all  property  provided  by  the  city  for  the  use  of  the  police  de- 
partment and  shall  issue  and  receive  the  same  as  the  City 
Council  may  direct.  He  shall  also  be  the  custodian  of  all 
stolen  goods  or  other  property  received  and  retained  under  po- 
lice authority.  He  shall  provide  stars  for  all  special  police- 
men similar  to  those  worn  by  the  regular  members  of  the 
force,  each  of  which  shall  be  numbered  and  shall  have  en- 
graved thereon  the  words  "Special  Police,  Bloomington  ;" 
and  each  such  special  policeman  shall  on  receiving  his  star  pay 
to  said  Marshal  five  dollars,  which  shall  be  refunded  to  him 
by  the  Marshal  upon  return  of  the  star  when  such  policeman 
quits  the  service.  Any  special  policeman  failing  or  refusing 
to  procure  and  wear  a  star  as  herein  provided  shall  be  fined 
ten  dollars. 

§  6.  MARSHAL  TO  MAKE  MONTHLY  REPORT.]  The  City  Mar- 
shal shall  during  the  first  week  of  each  month  make  out  and 
file  with  the  City  Clerk  a  report  in  writing  of  the  doings  of 
his  department  during  the  preceding  month.  Said  report 
shall  set  forth  all  prosecutions  for  the  recovery  of  fines,  all 
arrests  made  and  by  whom  each  is  made,  the  nature  of  the 
charge  in  each  prosecution,  before  what  magistrate  brought, 


POLICE   DEPARTMENT.  101 

and  how  disposed  of,  and  a  statement  of  all  property  received 
by  him  during  the  month  by  virtue  of  his  office. 

§  7.  DUTIES  OF  SUBORDINATES.]  All  subordinate  officers 
and  policemen  shall  be  regular  and  prompt  in  the  discharge  of 
their  duties  and  shall  obey  the  orders  of  their  superiors. 
They  shall,  to  the  best  of  their  abilities,  preserve  order,  quiet 
and  peace  throughout  the  city,  and  enforce  all  ordinances  of 
the  city.  Every  policeman  shall  report  to  his  commanding 
officer  all  persons  known  or  suspected  to  be  gamblers,  re- 
ceivers of  stolen  property,  thieves,  burgldrs,  or  disorderly  per- 
sons, and  also  all  unlawful  or  disorderly  houses  or  places 
within  said  city  coming  to  his  knowledge,  as  well  as  all  vio- 
lations of  tbe  laws  of  the  State  or  the  ordinances  of  the  city 
reported  to  him,  or  of  which  he  may  be  cognizant;  and  when 
it  shall  come  to  the  knowledge  of  any  member  of  the  police 
force  that  any  city  ordinance  has  been  violated  such  member 
shall  forthwith  cause  a  proper  complaint  to  be  made  before  a 
police  magistrate  or  justice  of  the  peace  within  said  city,  and 
the  proper  witnesses  to  be  summoned  and  evidence  procured 
for  the  successful  prosecution  of  the  offender.  It  shall  also  be 
the  duty  of  policemen  to  serve  promptly  all  warrants  or  other 
process  issued  in  any  cause  pending  under  any  law  or  ordi- 
nance of  said  city  before  any  magistrate  thereof. 

§  8.  APPOINTMENTS  OF  SPECIAL  POLICEMEN.]  The  Mayor  and 
City  Council  may  on  application  being  made  to  them,  appoint 
any  suitable  person  in  the  employ  of  any  corporation,  asso- 
ciation, individual  or  firm,  a  special  policemen  in,  and  for  said 
city  ;  or  they  may,  if  deemed  proper,  appoint  any  person  em- 
ployed in  any  other  branch  of  the  city  service  to  be  such 
special  policeman.  Special  policemen  shall  have  all  the  qual- 
ifications required  in  the  case  of  regular  policemen  ;  they  shall 
take  and  subscribe  the  same  oath,  give  like  bond,  exercise  the 
same  powers,  and  be  subject  to  the  rules  and  regulations  of 
the  police  department,  so  far  as  the  same  are  applicable  to 
them ;  Provided,  however,  that  such  special  policemen  shall 
not  be  paid  anything  by  the  city  for  their  services  as  policemen. 

§  9.  RANK  OF  POLICEMEN.]  The  Mayor  shall,  at  the  time  of  ap- 
pointing policemen  assign  each  a  number ;  and  members  shall 
rank  according  to  number,  one  being  highest,  two  next,  and 
so  on.  The  policeman  present  highest  in  rank  shall  in  any 
case  have  command  and  be  obeyed  by  subordinates  in  the  ab- 
sence of  orders  from  any  member  of  the  force  still  higher  in 
rank. 

§  10.  CAUSES  FOR  REMOVAL.!  The  following  offenses  shall 
be  deemed  sufficient  cause  for  removal  of  any  member  of  the 
police  force : 


102  ORDINANCES. 

First — Disobedience  of  orders. 

Second — Drunkenness. 

Third — HoHding  familiar  conversation  on  the  streets  with 
prostitutes,  or  Association  with  rowdies  or  gamblers. 

Fourth — ViolWt,  coarse,  insolent,  or  abusive  language  to  a 
superior  officer,  d^  to  any  citizen,  resident,  or  stranger. 

Fifth-  Using  tha  power  vested  in  him,  for  the  satisfaction 
of  personal  ill-wilier  hatred  against  any  other  person. 

§  11.  RULES  AND  REGULATIONS.]  The  following  rules  and 
regulations  for  the  general  government  of  the  police  depart- 
ment of  the  city  of  Blo\niington  are  hereby  adopted  : 

First — Every  member  Connected  with  the  department  shall 
devote  his  whole  time  and  attention  to  the  business  of  the  de- 
partment, and  shall  not  folljow  any  other  calling. 

Second— Although  certain  hours  are  allotted  to  each  mem- 
ber for  duty,  yet  all  the  numbers  must  be  prepared  to  act  at  a 
moment's  notice,  whenever  their  services  may  be  required, 
either  on  call  by  a  superior  officer,  or  on  view  of  a  violation, 
or  threatened  violation  of  any  law  of  the  State,  or  ordinance 
of  the  city. 

Third — Punctual  attendance  and  prompt  obedience  of  orders 
will  be  required  of  every  officer  and  policeman. 

Fourth — No  member  of  the  department  shall,  while  on  duty, 
drink  any  intoxicating  liquor,  wine,  or  beer,  or  enter  any 
dram-shop,  billiard  hall,  gambling  house,  or  house  of  ill-fame, 
except  in  discharge  of  his  duty ;  and  intoxication  at  any  time 
shall  be  sufficient  cause  for  removal. 

Fifth — Members  of  the  department  shall  not  accept  from 
any  person,  while  in  Custody,  or  after  he  shall  have  been  dis- 
charged, nor  from  any  of  his  friends,  any  gratuity,  gift  or  re- 
ward ;  nor  (without  written  permission  from  the  Mayor)  from 
any  person,  any  compensation  for  damages  sustained  in  the 
discharge  of  their  duty. 

Sixth — Members  shall  be  civil  and  respectful  to  the  public, 
and  upon  all  occasions  perform  their  duty  with  good  temper 
and  discretion,  and  shall  not  at  any  time,  while  on  duty,  make 
use  of  violent,  intemperate  or  abusive  language. 

Seventh — No  member  shall  be  permitted  to  apply  for  a  war- 
rant for  an  assault  upon  himself,  without  first  reporting  the 
case  to  the  Mayor,  and  obtaining  from  him  permission  in 
writing  to  make  such  application. 

Eighth — No  member  shall  communicate  to  any  person  any 
information  which  may  lead  to  the  escape  from  arrest  or  pun- 
ishment of  persons  accused  of  crime,  or  enable  them  to  dis- 
pose of,  or  secrete  goods  stolen  or  embezzled. 


POLICE  DEPARTMENT.  103 

Ninth — No  member  shall  communicate  any  information  re- 
specting orders  he  may  have  received,  or  any  regulation  that 
may  be  made  for  the  government  of  the  department,  except 
to  such. persons  as  ordered  by  a  superior  in  office. 

Tenth — Each  member  shall  always  have  with  him  a  memo- 
randum book,  in  \vhichhe  shall  enter  the  names  and  residences 
of  persons  by  him  taken  in  charge,  and  also,  all  matters  which 
will  be  important  on  the  trial  of  any  cause. 

Eleventh — All  officers  and  members  of  the  department  shall 
at  all  times,  and  on  all  occasions,  when  on  duty,  display  their 
star,  or  emblem  of  office,  so  that  the  entire  surface  thereof 
may  be  easily  and  distinctly  seen. 

Twelfth — No  member  of  the  department  shall  leave  the  city 
without  permission,  in  writing,  from  his  superior  officer,  un- 
less in  pursuit  of  offenders,  fleeing  from  justice. 

Thirteenth — All  persons  who  shall  be  arrested  during  the 
time  the  police  magistrates'  courts  shall  be  open,  shall  imme- ' 
diately  be  taken  to  such  court,  unless  otherwise  directed  by 
either  the  Mayor  or  chief  of  the  day  or  night  police, 
and  all  persons  who  shall  be  arrested  at  any  other  time  shall 
be  immediately  conveyed  to  the  city  calaboose. 

Fourteenth — Any  property  stolen  or  embezzled,  which  shall 
be  found  in  the  possession  of  any  person  who  may  be  arrested, 
shall  be  taken  to  one  of  the  police  magistrates'  courts,  or  the 
city  prison,  as  the  case  may  be,  with  the  person,  unless  other- 
wise ordered  by  the  Mayor  or  chief  of  the  day  or  night 
police. 

Fifteenth — Any  member  who  shall  charge  or  receive  any  fee 
or  compensation,  other  than  his  legal  salary,  or  shall  receive 
and  accept  any  present  or  reward  for  services  rendered,  or  to 
be  rendered,  unless  with  the  knowledge  and  approbation  of 
the  Mayor,  in  writing  expressed,  shall  be  deemed  guilty  of  a 
misdemeanor. 

thirteenth — Policemen  must  report  to  their  respective  chiefs 
all  suspicious  persons  and  places,  all  bawdy  houses  and  second- 
hand dealers,  receiving  shops,  gaining  houses,  and  all  unli- 
censed dram-shops  or  tippling  houses,  and  all  houses  where 
idlers,  tipplers,  gamblers,  prostitutes,  aiid  other  disorderly  or 
suspicious  persons  may  be  in  the  habit  of  congregating. 

Sereiiff.e/ifli — Policemen  shall  caution  strangers  and  others, 
against  going  into  places  where  idlers,  tipplers,  gamblers,  and 
other  disorderly  or  suspicious  persons  congregate,  and  against 
pickpockets,  watch- stutters,  and  all  other  vicious  persons. 
They  shall  also  direct  strangers,  and  others  who  may  need 
such  directions,  the  nearest  and  safest  way  to  their  places  of 


104  ORDINANCES. 

destination,  and,  if  necessary,  cause  them  to  be  accompanied 
to  their  destination  by  one  of  the  police,  but  shall  not,  in  any 
case,  leave  their  beats  for  that  purpose,  but  shall  pass  such 
person  from,  one  beat  to  another. 

Eighteenth — One  member  of  the  police  shall  at  all  times  be 
at  police  headquarters,  and  whenever  any  person  shall  be  ar- 
rested, it  shall  be  the  duty  of  the  person  making  such  arrest 
to  cause  the  prisoner  to  be  immediately  taken  to  police  head- 
quarters, and  the  officer  on  duty  there,  shall  set  down  in  a 
book  to  be  kept  for  that  purpose  the  name  of  the  prisoner, 
the  nature  of  the  offense  charged  against  him,  the  name  of  the 
complaining  witness,  together  with  the  names  of  all  the  wit- 
nesses on  behalf  of  the  city,  and  their  residence,  if  known; 
and  take  necessary  measures  to  secure  the  attendance  of  such 
witnesses  at  the  time  of  trial.  If  any  police  magistrate  be 
at  his  office,  the  said  prisoner  shall  at  once  be  taken  before 
*him,  and  if  both  parties  be  ready,  a  trial  may  at  once  be  had; 
but  either  party  may  have  a  continuance  for  a  reasonable  time 
to  procure  the  attendance  of  witness,  without  being  required 
to  make  affidavit  therefor ;  and  the  prisoner  shall  enter  into 
a  recognizance,  with  security,  to  be  approved  by  the  magis- 
trate, for  his  appearance  at  the  time  of  trial;  and  in  defaul- 
of  such  recognizance,  he  shall  be  confined  in  the  city  calat 
boose  until  the  time  fixed  for  trial. 

Nineteenth — All  persons  arrested  in  the  night-time,  or  at 
other  times  when  no  police  magistrates'  courts  shall  be  open, 
shall  be  taken  to  police  headquarters,  and  a  like  record  made 
as  before  provided ;  and  the  prisoner  shall  be  confined  in  the 
city  calaboose  until  the  next  morning;  or,  if  arrested  on  Sat- 
urday night,  until  Monday  morning,  when  the  prisoner  may 
be  taken  before  a  police  magistrate  and  a  trial  had,  or  the 
case  continued,  as  above  provided,  in  case  of  prisoners  taken 
before  a  magistrate  when  arrested :  Provided,  That  members 
of  the  police  force  on  night  duty,  who  have  made  the  arrest, 
or  are  necessary  witnesses,  shall  not  be  required  to  be  in  at- 
tendance at  the  police  court  before  three  o'clock  p.  m. 

Twentieth — Every  member  of  the  day  police  force  shall  re- 
port at  police  headquarters  for  roll  call  and  to  receive  orders 
at  seven  o'clock  a.  m.,  or  at  such  time  as  the  City  Marshal 
shall  direct;  and  those  of  the  night  force  shall  report  for  a 
like  purpose  at  seven  o'clock  p.  m.,  or  at  such  other  time  as 
the  City  Marshal  shall  direct 

§  12.  POLICE  UNIFORMS.]  The  following  regulations  for 
police  officers'  uniforms,  are  hereby  adopted  : 


POLICE   DEPARTMENT.  105 

First — The  full  dress  uniform  for  all  members  of  the  Bloom- 
ington  city  police  for  winter  wear  shall  be  of  navy  blue  cloth, 
pure  indigo  dyed,  and  all  wool. 

Second — Dress  coat  for  the  Marshal  and  Captain  of  Mght 
Police  shall  be  a  double-breasted  frock,  buttoning  close  up  un- 
der the  chin,  waist  to  extend  to  the  top  of  the  hip,  and  the 
skirt  to  within  one  inch  of  the  bend  of  the  knee,  two  rows  of 
gold  gilt  police  buttons  on  the  breast,  seven  in  each  row, 
placed  at  equal  distances  apart ;  distance  between  the  rows  to 
be  five  and  one-half  inches  at  the  top  and  three  and  one-half 
inches  at  the  bottom,  rolling  collar  of  blue  black  silk  velvet, 
cuffs  three  and  one-half  inches  deep,  with  three  small  gold  gilt 
police  buttons  at  the  under  seam  ;  one  pocket  on  each  inside 
breast,  and  one  pocket  in  each  skirt  behind,  one  button  at  the 
hip  ranging  with  the  lowest  breast  button  and  one  at  the  end 
of  each  pocket,  making  four  on  the  back  and  skirt ;  the  body 
to  be  well  wadded,  and  the  body  and  skirt  to  be  lined  with 
black  Italian  cloth,  and  the  sleeves  with  best  light  colored 
silesia. 

Third — Coats  for  all  other  members  of  the  force  shall  be 
the  same,  except  that  they  shall  be  single  breasted  with  one 
row  of  buttons  on  the  breast,  the  collar  of  the  same  material 
as  the  coat,  and  the  sleeves  made  without  cuffs,  and  buttons 
on  the  under  seam. 

Fourth — The  pantaloons  shall  be  made  for  all  members  of 
the  force  alike,  and  plain,  with  one  hip  pocket  in  addition  to 
the  ordinary  pockets. 

Fifth — The  vests  shall  be  made  alike  for  all  members  of  the 
force,  single  breasted,  buttoning  high  in  the  neck,  with  stand- 
ing collar  and  eight  small  buttons  placed  at  equal  distances. 

Sixth — The  overcoats  for  policemen  shall  be  double  breasted, 
buttoning  close  up  under  the  chin,  with  turn  over  collar  of 
same  material  as  the  coat,  the  waist  to  extend  one  inch  below 
the  top  of  hip,  and  the  skirt  to  three  inches  below  the  bend  of 
the  knee,  and  all  edges  shall  be  swell  and  stitched  one-fourth 
of  an  inch  from  the  edge ;  there  shall  be  two  rows  of  gold 
gilt  police  buttons  on  the  breast,  five  in  each  row,  placed  at 
equal  distances,  rows  to  be  five  and  one-half  inches  in  distance 
from  each  other  at  the  top,  and  three  and  one-half  inches  at  the 
bottom,  four  buttons  on  the  back  and  skirt  to  range  same  as 
on  dress  coat ;  there  shall  be  a  buckskin  lined  pistol  pocket 
on  the  inside  left  breast,  an  ordinary  pocket  on  inside  right 
breast,  and  one  behind  in  each  skirt ;  the  body  to  be  well 
wadded,  and  the  body  and  skirt  to  be  lined  with  a  light  weight 


106  ORDINANCES. 

cassiraere  or  its  equivalent,  and  the  sleeves  lined  with  heavy 
light  colored  silesia  of  best  quality. 

Seventh — Overcoat  of  Marshal  and  Captain  of  Night  Police 
the  same,  except  the  collar  to  be  covered  with  blue  black  silk 
velvet. 

Eighth — The  summer  uniform  shall  consist  of  blue  flannel 
sack  coat  and  pantaloons  of  the  same  material.  The  coat  to 
be  single-breasted,  with  short  turnover  collar,  to  button  close 
to  the  chin,  and  to  reach  half  way  from  the  hip  to  the  knee, 
with  four  buttons  on  the  front ;  no  pockets  to  show  outside. 
Pantaloons  same  style  as  uniform  pants. 

Ninth — Caps  for  winter  shall  be  made  of  the  same  material  as 
winter  uniforms  and  worn  by  all  members  of  the  force  alike 
except  that  the  words  "City  Marshal"  and  "Captain  of  Night 
Police  "  respectively  shall  appear  on  front  part  of  cap  for  those 
officers,  and  the  appropriate  number  for  each  other  member. 

Tenth — Hats  for  summer  wear  shall  be  such  as  the  City 
Council  may  from  time  to  time  designate. 

Eleventh — Black  neckties  shall  be  worn  by  all  members  of 
the  force. 

Twelfth — All  members  of  the  police  force,  except  the  City 
Marshal  and  Captain  of  the  Night  Police  shall,  while  on  duty, 
wear  their  full  uniforms. 


RAILROADS.  107 

CHAPTER  XVI. 

RAILROADS. 

DIVISION  1. — GENERAL  PROVISIONS. 

DIVISION  2. — AN  ORDINANCE  GRANTING  THE  RIGHT-OF-WAY  TO  THE 

INDIANAPOLIS,   BLOOMINGTON   &  WESTERN  RAILWAY 

COMPANY. 

DIVISION  3.  AN  ORDINANCE  GRANTING  THE  RIGHT-OF-WAY  TO  THE 
LAFAYETTE,  BLOOMINGTON  &  MISSISSIPPI  RAILWAY 
COMPANY. 


DIVISION  1. 
General  Provisions. 

SECTION  1.  Railroad  companies  to  build  and  repair  crossings,  etc. 

1.  Neglect  after  notice — penalty. 

3.  City  may  build  crossings  and  recover  cost-. 

4.  Failure  to  keep  watchmen,  etc. 

5.  Obstruction  of  street  by  railroad  company. 

6.  Rate  of  speed  on  railroads. 

7.  Sounding  whistle  unnecessarily,  etc. 

8.  Street  cars — where  to  stop. 

9.  Construction. 

SECTION  1.  RAILROAD  COMPANIES  TO  BUILD  AND  REPAIR  CROSS- 
INGS, ETC.]  All  railroad  companies  whose  tracks  now,  or  may 
hereafter,  enter  or  pass  through  the  corporate  limits  of  the 
city  of  Bloomington,  shall  respectively  construct,  repair,  keep 
and  maintain  good,  safe  and  sufficient  culverts,  crossings  and 
bridges,  with  good  and  easy  approaches  thereto,  on  all  public 
alleys,  streets  and  highways,  where  their  respective  tracks 
pass  under,  across  or  over  any  alley,  street  or  highway,  within 
said  city. 

§  2.  NEGLECT  AFTER  NOTICE — PENALTY.]  Whenever  any 
crossing,  culvert  or  bridge,  shall  be  needed  upon  the  line  of 
any  railroad,  within  the  city,  or  shall  need  repairing,  it  shall 
be  the  duty  of  the  Street  Commissioner  to  give  to  such  com- 
pany ten  days'  notice,  in  writing,  of  the  work  to  be  done,  and 
the  place  where  required,  and  any  railroad  company  neglect- 
ing or  refusing  to  construct  or  repair  any  crossing,  culvert  or 
bridge,  after  having  received  ten  days'  notice  so  to  do,  shall  be 


108  ORDINANCES. 

fined  not  less  than  five  dollars  nor  more  than  fifty  dollars,  for 
each  day  of  said  neglect  or  refusal. 

§  3.  CITY  MAY  BUILD  CROSSINGS  AND  RECOVER  COST.]  In  case 
of  the  failure  or  refusal  of  any  railroad  company,  to  construct 
or  repair  any  crossing,  culvert  or  bridge,  when  duly  notified 
by  the  city,  or  any  authorized  officer  thereof  so  to  do,  the  City 
Council  may  order  such  crossing,  culvert  or  bridge  to  be  con- 
structed, or  repaired,  as  may  be  needed,  at  the  expense  of  the 
city,  and  such  company  shall  be  liable  to  the  city,  in  an  action 
of  debt,  for  the  cost  thereof. 

§  4.  FAILURE  TO  KEEP  WATCHMEN,  ETC.]  Whenever  any 
railroad  company  shall,  in  pursuance  of  a  resolution  of  the 
City  Council,  be  notified  to  keep  lights  at  any  point  on  its  track 
crossed  by  public  travel,  or  to  keep  a  watchman  or  flagman 
at  any  such  point,  or  to  take  any  other  measure  or  precaution 
which  said  Council  may  direct,  as  conducive  to  public  safety 
or  convenience,  and  such  company  shall  fail  or  refuse  to  do  as 
directed,  it  shall  be  fined  twenty-five  dollars,  and  each  day  of 
failure  or  refusal  to  comply,  shall  be  deemed  a  separate  offense. 

§  5.  OBSTRUCTION  OF  STREET  BY  RAILROAD  COMPANY.]  No 
railroad  company  shall  obstruct  any  street,  alley,  sidewalk, 
crossing,  or  other  thoroughfare  of  said  city  by  leaving  there- 
on any  rolling  stock  for  a  longer  time  than  ten  consecutive 
minutes,  under  a  penalty  of  twenty-five  dollars ;  and  a  further 
penalty  of  ten  dollars  for  each  succeeding  ten  minutes  that 
the  obstruction  is  suffered  continuously  to  remain  after  the 
first  penalty  is  incurred :  Provided,  that  when  any  such  street, 
alley,  sidewalk,  crosing  or  thoroughfare  has  been  so  obstruct- 
ed for  five  minutes  or  more  it  shall  then  be  kept  clear  by 
such  railroad  company  a  sufficient  time  to  allow  all  persons  to 
pass,  who  may  be  waiting,  and  for  any  violation  of  this  pro- 
viso the  company  offending  shall  be  fined  twenty-five  dollars  ; 
and,  Provided  further,  that  where  such  obstruction  is  the  result 
of  some  unavoidable  accident,  disaster  or  emergency  beyond 
the  control  of  such  company  or  its  agents,  this  section  shall 
not  apply. 

§  6.  RATE  OF  SPEED  ON  RAILROADS.]  No  person  or  company 
shall  run  any  locomotive  or  car  at  a  greater  rate  of  speed  than 
six  miles  per  hour  within  said  city  under  a  penalty  of  twenty- 
five  dollars  for  each  offense :  Provided,  that  this  section  shall 
not  apply  to  those  portions  of  the  Illinois  Central  railroad 
north  of  Empire  street  and  south  of  Clay  street,  nor  to  those 
portions  of  the  Indianapolis,  Bloomington  &  Western  rail- 
road east  of  Gridley  street  and  west  of  the  Chicago  & 
Alton  railroad,  nor  to  those  portions  of  the  Chicago  &  Alton 


RAILROADS.  109 

railroad  north  of  Seminary  avenue  and  south  of  "Washington 
street,  nor  to  that  portion  of  the  Lafayette,  Bloomington  & 
Mississippi  railroad  east  of  Gridley  street. 

§  7.  SOUNDING  WHISTLE  UNNECESSARILY,  ETC.]  No  railroad 
company  shall  cause  or  allow  the  whistle  of  any  locomotive 
engine,  belonging  to  such  company  or  under  its  control,  to  be 
sounded  within  the  limits  of  said  city,  with  the  exception  of  nec- 
essary station  and  brake  signals,  and  such  signals  as  may  be 
absolutely  necessary  to  prevent  injury  to  persons  or  property, 
and  in  such  cases  only  with  the  limitation  that  such  whistle 
shall  not  be  sounded  more  than  five  seconds  at  one  time,  nor 
with  more  than  necessary  loudness,  and  every  violation  of  this 
section  shall  subject  the  railroad  company  oifending  to  a  pen- 
alty of  twenty-five  dollars. 

§  8.  STREET  CARS — WHERE  TO  STOP.]  All  street  cars  run- 
ning upon  Main  street  within  said  city,  when  stopping  for  the 
accommodation  of  passengers  at  any  cross  street  south  of 
Market  shall,  if  going  south,  stop  with  the  rear  platform  at 
the  south  crossing  of  such  cross  street ;  and  if  going  north, 
with  the  rear  platform  at  the  north  crossing  of  such  cross 
street.  For  every  violation  of  this  section  by  any  driver  or 
employe  of  said  street  railway  company  said  company  shall 
be  fined  five  dollars  for  each  offense. 

§  9.  CONSTRUCTION.]  Nothing  in  this  division  contained 
shall  be  construed  to  conflict  with  or  repeal  any  provision  of 
either  of  the  following  ordinances,  to-wit:  An  ordinance  of 
the  city  of  Bloomington  granting  the  right  of  way  to  the  In- 
dianapolis, Bloomington  &  Western  railroad  company.  Ap- 
proved October  8th,,  1869. 

An  ordinance  granting  the  right  of  way  to  the  Lafayette, 
Bloomington  &  Mississippi  railway  company.  Approved  No- 
vember 17th,  1871. 


110  ORDINANCES. 


DIVISION  2. 

An  Ordinance   Granting  the  right-of-way  to  the  Indian- 
apolis, Bloomington  Sf  Western  Railway  Company.* 

SECTION  1.  Right-of-way — route — conditions,  etc. 

"         2.  Violation  of  condition— penalty. 

"        3.  Violation  of  condition  five — forfeiture. 

"        4.  Assent  of  company,  what  presumed. 

"        5.  When  in  force. 

SECTION  1.  RIGHT-OF-WAY — ROUTE — CONDITIONS,  ETC.]  Be  it 
ordained  by  the  City  Council  of  the  city  of  Bloomington :  That  in  con- 
sideration of  the  agreements  and  stipulations  herein  after  con- 
tained, to  be  kept  and  performed  by  the  Indianapolis,  Bloom- 
ington &  Western  Railway  Company,  the  said  company  is 
hereby  granted  the  right-of-way  for  its  road  over  and  along 
and  across  the  streets  and  alleys  of  said  city,  and  is  hereby 
authorized  to  use  a  reasonable  portion  of  the  streets  and 
alleys  of  said  city  for  its  road,  upon  the  following  route, 
to-wit :  Entering  the  city  on  the  west  line  thereof,  and  cross- 
ing the  Chicago  &  Alton  Railroad  between  Front  and  Wash- 
ington streets,  running  thence  in  an  east  and  south-easterly 
direction,  crossing  Front  street  between  Orchard  Lane  and 
Morris  Avenue ;  thence  across  Main  street  between  Mayer's 
mill  and  the  old  furniture  factory  ;  thence  in  a  south-easterly 
direction  to  the  city  limits ;  but  shall  not  enter  any  of  the 
Cemetery  grounds  unless  said  City  Council  shall  pass  an 
ordinance  specially  permitting  said  company  so  to  do.  Pro- 
vided, however,  and  said  right-of-way  is  hereby  granted  to 
said  railroad  company  upon  the  following  specific  conditions, 
to-wit : 

First — Said  railroad  company  shall,  at  all  times,  during  the 
construction  of  its  road  over,  across,  or  along  any  of  the 
streets  and  alleys  of  said  city,  protect  the  public  against  ac- 
cidents in  the  night  time  by  lighting  the  streets  and  alleys  on 
which  it,  its  servants,  agents  or  contractors  are  at  work,  or  by 
otherwise,  protecting  persons  on  foot  and  teams  from  falling 
into  excavations  or  suffering  injury  from  other  causes,  by 
reason  of  the  construction  of  said  road ;  and  shall  in  all  cases 
be  liable  to  private  parties  for  damages  resulting  to  them  by 

*  This  ordinance,  as  also  the  one  contained  in  the  succeeding  di- 
vision, although  special  in  their  nature,  have  beeen  thought  of 
sufficient  importance  to  be  printed.  They  are  taken  from  the  records 
of  the  city  without  change,  other  than  the  prefixing  of  titles  to 
the  sections. 


RAILROADS.  Ill 

reason  of  the  negligence  of  said  company,  its  agents,  servants 
or  any  person  or  persons  having  in  charge,  by  contract  or 
otherwise,  the  construction  of  said  road  through,  across,  and 
along  any  of  the  streets,  alleys,  ditches,  sewers  or  culverts  of 
said  city. 

Second — Said  railroad  company  shall  construct,  and  at  all 
times  keep  in  good  repair  and  unobstructed  suitable  crossings, 
of  the  full  width  of  each  street  and  of  easy  grade,  at  the  in- 
tersection of  its  road  with  each  and  every  street  now  open,  or 
which  may  hereafter  be  opened  in  said  city,  and  suitable 
crossings  of  easy  grade  at  the  intersection  of  its  road  with 
every  alley,  ditch,  sewer,  and  culvert,  and  shall  at  all  times 
keep  every  street  and  alley  in  and  along  which  its  road  shall 
be  constructed,  in  good  repair  for  the  use  of  carriages  and 
teams ;  and  shall  construct  and  maintain  sidewalks  on  both 
sides  of  every  street  now  open,  or  which  may  hereafter  be 
opened  in  said  city,  across  the  entire  width  of  its  right-of-way 
at  the  intersections  of  its  road  with  all  such  streets,  and  across 
all  land  owned  by  it  which  abuts  on  any  street,  whenever 
ordered  by  the  City  Council,  to  lay  any  of  the  sidewalks  re- 
spectively. 

Third — Said  railroad  company  shall,  as  soon  as  it  shall 
begin  to  run  its  cars  within  the  limits  of  this  city,  at  all  times 
in  the  night,  keep  the  intersections  of  its  road  with  every 
street  well  lighted,  and  shall  in  like  manner  light  the  inter- 
sections of  its  road  with  any  and  all  alleys,  when  ordered  so 
to  do  by  the  said  City  Council. 

Fourth — Said  railroad  company  shall  have  a  bell  of  at  least 
thirty  pounds  weight  on  each  locomotive  engine,  which  shall 
be  rung  at  all  times  when  the  engine  on  which  it  is  shall  be 
in  motion  on  its  said  road  within  the  limits  of  this  city. 

Fifth — Said  railroad  company  shall  construct,  and  at  all 
times,  maintain  within  seventy  rods  of  the  place  where  its 
road  shall  cross  Main  street,  in  said  city,  suitable  and  suffi- 
cient freight  and  passenger  depots  for  the  transaction  of  its 
local  business  with  the  city  of  Bloomington. 

Sixth — Said  railroad  company,  its  agents,  and  servants 
shall,  at  all  times,  be  subject  to  all  general  police  ordinances 
and  regulations  now  existing,  and  which  may  hereafter  be 
adopted  by  the  City  Council  of  this  city,  relative  to  railroads 
and  railroad  companies,  their  agents  and  servants  constructing 
and  operating  the  same  within  the  limits  of  this  city. 

§  2.  VIOLATION  OF  CONDITION — PENALTY.]  A  failure  by  said 
railroad  company,  its  servants,  agents  or  contractors,  or  any  of 
them,  to  comply  substantially  and  in  good  faith  with  each  and 


112  ORDINANCES. 

every  of  the  conditions  named  in  any  of  the  foregoing  six 
specific  enumerations  of  conditions,  except  the  fifth  of  said 
enumerations,  shall  subject  said  company,  for  each  and  every 
of  such  failures  or  violations,  to  a  penalty  of  not  exceeding 
one  hundred  dollars,  which  fine  may  be  recovered  before  any 
police  magistrate  of  said  city,  by  proceeding  in  the  nature  of 
an  action  of  debt,  or  as  fines  are,  or  may  hereafter  be,  collected 
by  said  city,  for  the  violation  of  its  ordinances. 

§  3.  '  VIOLATION  OF  CONDITION  FIVE — FORFEITURE.]  A  fail- 
ure by  said  railroad  company,  its  agents  or  servants,  to  com- 
ply with  the  fifth  enumeration  of  conditions,  in  the  first  sec- 
tion of  this  ordinance,  shall  work  a  forfeiture  of  all  rights  ac- 
quired by  said  railroad  company  under,  and  by  virtue  of  this 
ordinance,  for  the  right-of-way,  as  hereinbefore  granted. 

§  4.  ASSENT  OF  COMPANY — WHAT  PRESUMED.]  Said  railroad 
company,  by  entering  upon,  and  taking  possession  ot  any  of  the 
streets  or  alleys,  or  any  part  thereof,  along  said  route,  for  the 
purpose  of  preparing  a  road-bed  for  its  said  road  over,  across 
or  along  said  streets  or  alleys,  thereby  agrees  to  be  bound  by 
the  foregoing  ordinance,  and  each  and  every  of  the  conditions 
and  stipulations  therein  contained. 

§  5.  WHEN  IN  FORCE.]  This  ordinance  shall  be  in  force  as 
soon  as  published. 

Approved,  October  8th,  1869. 

J.  W.  COMPTON,  JOHN  M.  STLLWELL, 

CITY  CLERK.  MAYOR. 

DIVISION  3. 

An  Ordinance  granting  the  right-of-way  to  the  Lafayette, 
Bloomington  and  Mississippi  Railway  Company. 

SECTION  1.  Right-of-way— route — conditions,  etc. 

2.  Company  to  construct  and  repair  crossings  and  sidewalks. 

3.  Company  to  keep  crossings  lighted,  etc. 

4.  Locomotive  bells — gates — flagmen. 

"         5.  Company  to  be  subject  to  ordinances,  etc. 

6.  Violations — penalty. 

7.  Assent — what  presumed. 

8.  When  ordinance  in  force. 

SECTION  1.  KIGHT-OF-WAY — ROUTE — CONDITIONS,  ETC.]  Be  it 
ordained  by  the  City  Council  of  the  city  of  Bloomington :  That  in 
consideration  of  the  agreements  and  stipulations  hereinafter 
contained,  to  be  kept  and  performed  on  the  part  of  the  La- 
fayette, Bloomington  and  Mississippi  Railway  Company,  the 
said  colnpany  is  hereby  granted  the  right-of-way  for  its  road 
over  and  along  and  across  the  streets  and  alleys  of  said  city, 


RAILROADS.  113 

for  its  road,  upon  the  following  route,  to-wit :  Entering  the 
city  limits  east  of  the  Cemetery  and  east  of  the  line  of  the 
L,  B.  &  W.  R.  W. ;  thence  along  the  line  of  such  railway, 
across  Lincoln  street  and  all  other  streets  and  alleys,  up  to  and 
across  Center  street,  in  said  city,  along  the  line  of  the  I.,  B  & 
W.  R.  W.  as  near  as  practicable :  Provided,  however,  That  the 
said  right-of-way  is  hereby  granted  to  the  said  company  upon 
the  conditions  following,  to-wit :  First,  said  railway  company 
shall,  at  all  times  during  the  construction  of  its  road  over, 
across  or  along  any  of  the  streets  and  alleys,  of  said  city,  pro- 
tect the  public  against  accident  in  the  night  time,  by  lighting 
or  other  suitable  notices  at  the  streets  and  alleys  on  which  they, 
their  servants,  agents  or  contractors  are  at  work,  or  by  other- 
wise protecting  persons  on  foot  and  teams  from  falling  into 
excavations  or  suffering  injury  from  other  causes  by  reason  of 
the  construction  of  said  road,  and  shall,  in  all  cases,  be  liable 
to  private  parties  for  damages  resulting  to  them  by  reason  of 
negligence  of  said  company,  its  agents  or  servants,  or  any 
person  or  persons  having  in  charge  by  contract  or  otherwise, 
the  construction  of  said  road  through,  across,  and  along  any 
of  the  streets,  alleys,  ditches,  sewers  or  culverts  of  said  city. 

§  2.  COMPANY  TO  CONSTRUCT  AND  REPAIR  CROSSINGS  AND 
SIDEWALKS.]  Said  company  shall  construct  and  at  all  times 
keep  in  good  repair  and  unobstructed,  suitable  crossings  of  the 
full  width  of  each  street,  and  of  easy  grade,  at  the  intersec- 
tion of  its  road  with  each  and  every  street  now  open  or  that 
may  hereafter  be  opened,  in  said  city,  and  suitable  crossings 
of  easy  grade  at  the  intersection  of  its  road  with  alleys, 
ditches,  sewers  and  culverts,  and  shall  at  all  times  keep  every 
street  and  alley  in  and  along  which  its  road  shall  be  con- 
structed, in  good  repair  for  the  use  of  carriages,  and  shall 
construct  and  maintain  sidewalks  on  both  sides  of  every  street 
now  open,  or  which  may  hereafter  be  opened,  in  said  city, 
across  the  entire  width  of  its  right-of-way.  At  the  intersec- 
tion of  its  road  with  all  such  streets,  and  across  all  lands 
owned  by  it  which  abut  on  any  street,  whenever  ordered  by 
the  City  Council  to  lay  any  of  said  sidewalks  respectively. 
Everything  required  to  be  done  by  this  section  of  this  ordi- 
nance, on  the  part  of  said  railroad  company,  shall  be  done  to 
the  satisfaction  of  said  City  Council,  as  they  may  from  time 
to  time  direct. 

§  3.  COMPANY  TO  KEEP  CROSSINGS  LIGHTED,  ETC.]  Said  com- 
pany shall,  as  soon  as  it  shall  begin  to  run  its  cars,  within  the 
limits  of  the  city,  at  all  times  in  the  night,  keep  the  intersec- 
tion of  its  road  with  every  street  well  lighted,  and  shall  in  like 

—15 


114  ORDINANCES. 

manner  light  the  intersection  of  its  road  with  all  alleys  when 
ordered  to  do  so  by  the  said  City  Council. 

§  4.  LOCOMOTIVE  BELLS — GATES — FLAGMEN.]  Said  company 
shall  have  a  bell  of  at  least  thirty  pounds  weight,  on  each 
locomotive  engine,  which  shall  be  rung  at  all  times  when  the 
engine  on  which  it  is  shall  be  in  motion  on  its  said  road  with- 
in the  limits  of  this  city.  Said  railroad  company  shall  also 
be  required  at  each  intersection  of  its  road  with  the  streets 
of  this  city,  to  erect  a  gate  over  its  said  road,  which  gate  shall 
be  kept  closed  at  all  times  except  when  opened  for  the  pur- 
pose of  allowing  trains,  locomotives  and  cars  to  pass,  or  said 
company  shall  station  a  flagman  at  each  intersection  aforesaid, 
whose  duty  it  shall  be  to  warn  passers-by  of  approaching 
trains,  locomotives  and  cars,  or  either  or  both,  as  the  City 
Council  may  from  time  to  time  direct. 

§  5.  COMPANY  TO  BE  SUBJECT  TO  ORDINANCES,  ETC.]  Said 
company,  its  agents  and  servants,  shall  at  all  times  be  subject 
to  all  general  police  ordinances  and  regulations  now  existing 
or  which  may  be  adopted  by  the  City  Council  under  and  by 
virtue  of  their  power  and  authority  to  pass  police  ordinances 
for  the  government  and  control  of  railroads,  their  agents  and 
servants,  within  the  limits  of  this  city. 

§  6.  VIOLATIONS — PENALTY.]  A  failure  by  said  company 
or  its  agents  or  servants  to  comply  with  any  of  the  foregoing 
provisions,  shall  subject  said  company  to  a  penalty  of  not  ex- 
ceeding one  hundred  dollars  for  each  and  every  offense,  which 
may  be  recovered  as  prescribed  by  an  ordinance  of  said  City 
Council. 

§  7.  ASSENT — WHAT  PRESUMED.]  Said  railroad  company, 
by  entering  upon  and  taking  possession  of  any  of  the  streets 
and  alleys,  or  any  part  thereof,  along  said  route,  for  the  pur- 
pose, of  preparing  a  road-bed  for  its  said  road  over,  across  or 
along  said  streets  or  alleys,  thereby  agrees  to  be  bound  by  this 
ordinance,  and  each  and  every  of  the  conditions  and  stipula- 
tions herein  contained. 

§  8.  WHEN  ORDINANCE  IN  FORCE.]  This  ordinance  shall  be 
in  force  from  and  after  its  publication. 

Approved  November  17,  A.  D.  1871. 

ATTEST:  B.  F.  FUNK, 

WM.  B.  LAWRENCE  MAYOR. 

CITY  CLERK. 


REVENUE.  115 

CHAPTER  XVII. 

REVENUE. 

SECTION  1.    Finance  Committee  to  present  estimates  to  Council. 

2.    Council  to  certify  amounts  to  County  Clerk. 
'         3.    Manner  of  extending  taxes — Collector's  duties. 
'        4.    Delinquent  taxes  to  be  returned  to  County  Collector— his  duties. 

5.    Examination  of  Collector's  books — settlement. 
'        6.    Moneys  due  city  to  be  paid  to  Treasurer. 

SECTION  1.  FINANCE  COMMITTEE  TO  PRESENT  ESTIMATES  TO 
COUNCIL.]  The  finance  committee  of  the  City  Council  of 
the  city  of  Bloomington,  shall  at,  or  before  the  second  regu- 
lar meeting,  held  in  the  month  of  July  of  each  year,  present 
to  the  City  Council  separate  estimates  of  the  probable  ex- 
penditures of  the  city,  during  the  next  succeeding  fiscal  year, 
for  the  following  purposes,  to-wit : 

First — To  defray  contingent  and  other  expenses  of  the 
city  not  otherwise  provided  for. 

Second — To  defray  the  police  expenses  of  the  city. 

Third — To  defray  the  expenses  of  lighting  the  streets  of 
the  city. 

Fourth — To  defray  the  expenses  of  cleaning  and  repairing 
the  streets  and  alleys  of  the  city. 

Fifth — To  pay  the  interest  on  all  debts  bonded  or  other- 
wise owing  by  the  city. 

Said  committee  shall  at  the  same  time  present  an  estimate 
of  the  probable  receipts  of  the  city  during  such  year,  from 
fines,  special  assessments,  licenses  and  other  sources,  and  also 
inform  the  Council  of  the  total  assessed  valuation  of  the 
property  of  the  city,  as  shown  by  the  Assessor's  books,  what 
per  cent,  of  taxes  is  likely  to  prove  delinquent,  and  also  give 
such  further  information  as  may  enable  said  Council  to  de- 
termine the  several  amounts  to  be  raised  by  taxation  for  such 
year. 

§  2.  COUNCIL  TO  CERTIFY  AMOUNTS  TO  COUNTY  CLERK.]  The 
City  Council  shall  act  upon  the  estimates  so  presented  by  the 
fiinance  committee,  and  determine  the  amount  to  be  raised 
by  taxation  for  each  specific  purpose  estimated,  not  in  any 
case  exceeding  the  maximum  rate  per  cent,  upon  the  taxable 
property  of  the  city,  which  is  fixed  and  established  by  the 
city  charter  ;  and  on,  or  before  the  second  Tuesday  in  August, 
after  the  presenting  of  said  estimates,  said  Council  shall  cause 
the  amounts  so  determined  upon  by  them,  to  be  certified  to 


116  ORDINANCES. 

the  County  Clerk  of  McLean  county,  to  be  by  said  Clerk  ex- 
tended upon  the  tax  books  as  provided  by  law ;  and  if  any 
other  than  the  regular  town  assessors  shall  have  been  ap- 
pointed as  the  assessors  of  said  city,  said  Council  shall  re- 
quire said  Clerk  to  extend  the  taxes  of  the  city  upon  a  sepa- 
rate book  or  books,  and  not  upon  those  of  the  regular  town 
collectors. 

§  3.  MANNER  OF  EXTENDING  TAXES — COLLECTOR'S  DUTIES.] 
The  said  County  Clerk  shall  make  out  and  extend  upon  the 
book  or  books  as  directed,  each  person's  tax  computed  ac- 
cording to  the  rate  per  cent  the  amount  to  be  raised  is  of 
the  whole  assessed  value  of  the  property  of  the  city. 

§  4.  DELINQUENT  TAXES  TO  BE  RETURNED  TO  COUNTY  COL- 
LECTOR— HIS  DUTIES.]  Delinquent  city  taxes,  and  assessments, 
shall  be  returned  to  the  County  Collector  of  McLean  county, 
to  be  by  him  collected,  as  provided  by  law  in  the  case  of  de- 
linquent State  and  county  taxes,  and  he  shall  proceed  to  collect 
the  same,  and  to  procure  judgments  against  delinquent  lands 
and  lots,  and  to  sell  the  same  for  delinquent  city  taxes  and 
assessments  at  the  same  time,  and  in  the  same  manner,  as  is 
by  the  statutes  of  the  State  of  Illinois  provided  in  the  case  of 
State,  county  and  other  taxes ;  and  said  County  Collector 
shall,  from  time  to  time,  when  requested  by  the  finance  com- 
mittee of  the  City  Council,  make  statements  of  the  several 
amounts  of  city  taxes  collected  by  him,  or  being  delinquent 
in  his  hands,  and  he  shall  pay  over  to  the  City  Treasurer, 
when  required,  all  moneys  in  his  hands  belonging  to  the  city. 

§  5.  EXAMINATION  OF  COLLECTOR'S  BOOKS — SETTLEMENT.]  It 
shall  be  the  duty  of  the  finance  committee  of  the  City  Council, 
and  the  City  Treasurer,  annually,  to  make  an  examination  of 
the  books,  accounts  and  vouchers  of  the  City  and  County 
Collectors,  and  make  a  settlement  with  each  of  them,  for  all 
city  taxes  and  assessments  collected  by  them  respectively, 
which  settlements  shall  be  made  subject  to  the  approval  of 
the  City  Council ;  and  said  County  Collector  shall,  on  or  be- 
fore the  fifteenth  day  of  July,  in  each  year,  make  to  the  City 
Council  a  like  statement,  to  that  required  of  the  City  Col- 
lector respecting  delinquent^city  taxes  and  assessments. 

§  6.  MONEYS  DUE  CITY  TO  BE  PAID  TO  TREASURER.]  No  pay- 
ment of  any  license  fee,  water  rent,  or  other  sum  due  the  city, 
excepting  judgments,  court  costs  and  taxes,  shall  be  taken  to 
be  lawfully  made,  or  to  be  binding  upon  the  city,  unless  made 
to  the  City  Treasurer,  in  person,  or  to  some  person  authorized 
by  said  Treasurer  to  receive  the  same,  and  for  whose  acts  said 
Treasurer  is  responsible;  and  whoever  shall,  without  due 


SUPPLIES    AND    CLAIMS.  117 

authority  from  said  Treasurer,  or  from  the  City  Council,  col- 
lect or  receive  any  moneys  due  said  city,  whether  an  officer  of 
said  city  or  not,  shall  be  fined  not  exceeding  one  hundred 
dollars,  for  each  offense. 


CHAPTER  XVIII. 

SPECIAL  ASSESSMENTS. 

[This  ordinance  is  republished  from  the  city  records  without  change.] 
SECTION  1.    Article  nine  of  general  law  adopted.] 

Be  it  ordained  by  the  City  Council  of  the  city  of  Bloomington, 
That  article  nine  of  an  act  of  the  Legislature  of  the  State  of  Illi- 
nois, entitled  "An  act  to  provide  for  the  incorporation  of  cities 
and  villages,"  approved  April  10th,  A.  D.  1872,  be  and  the 
same  is  hereby  adopted  by  the  city  of  Bloomington. 

Approved  July  5th,  1872.  B.  F.  FUNK. 

ATTEST  ;  MAYOR. 

WM.  B.  LAWRENCE, 

CITY  CLERK. 


CHAPTER  XIX. 

SUPPLIES  AND  CLAIMS. 

SECTION  I.  Time  contracts — duration,  etc. 

2.  Requisition — when  made. 

"         3.  Who  to  purchase — order  and  bill. 

"          4.  Claim  for  goods  not  ordered  not  to  be  allowed. 

"         5.  Bill — what  to  contain — certificate. 

SECTION  1.  TIME  CONTRACTS — DURATION,  ETC.]  All  sup- 
plies or  materials  for  the  city  of  Bloomington  shall,  when 
practicable,  be  purchased  under  time  contracts,  the  same  to 
be  let  upon  advertisement  to  the  lowest  and  best  bidder,  as 
the  City  Council  may  determine.  No  time  contract  to  furnish 
any  supplies  or  materials  excepting  gas  shall  cover  a  longer 
period  than  one  year. 

§  2.  REQUISITION — WHEN  MADE.]  Any  officer  or  person 
having  charge  of  any  department  of  the  city  government  shall, 
whenever  any  supplies  or  materials  are  needed  in  his  depart- 
ment, for  the  furnishing  of  which  the  city  does  not  hold  a 


118  ORDINANCES. 

time  contract,  make  out  and  present  to  the  City  Council  in 
session,  a  written  requisition  setting  forth  the  article  or  ar- 
ticles needed,  and  the  price  thereof,  if  known. 

§  3.  WHO  TO  PURCHASE — ORDER  AND  BILL.]  The  Council 
shall,  at  the  time  of  ordering  the  purchase  of  any  supplies, 
designate  who  is  authorized  to  make  the  purchase ;  and 
every  officer  or  person  ordering  any  article  from  a  distance 
for  the  city,  shall  file  with  the  City  Clerk  a  copy  of  the  order 
sent  by  him,  and  also  the  bill  of  the  article  so  ordered,  as  soon 
as  the  same  is  received. 

§  4.  CLAIM  FOR  GOODS  NOT  ORDERED  NOT  TO  BE  ALLOWED.] 
No  account  or  claim  for  any  article  furnished  to  the  city  shall 
be  allowed  unless  such  article  was  ordered  to  be  purchased  by 
the  Council,  or  unless  the  purchase  thereof  was  the  result  of 
an  emergency  which  could  not  reasonably  have  been  foreseen 
in  time  to  present  a  requsition  to  the  Council. 

§  5.  BILL — WHAT  TO  CONTAIN — CERTIFICATE.]  Every  bill 
presented  to  the  City  Council  for  allowance  shall  contain  an 
itemized  statement  of  the  articles  for  which  payment  is  sought, 
and  shall  be  certified  to  by  the  officer  under  whom  the  liabil- 
ity was  incurred ;  and  all  orders  for  the  payment  of  foreign 
claims  or  accounts  shall  be  issued  to  the  finance  committee 
of  the  City  Council,  whose  duty  it  shall  be  to  transmit  the 
same  or  the  proceeds  thereof  to  the  respective  persons  to 
whom  such  payments  may  be  due. 


CHAPTER  XX. 

WARDS. 
SECTION  1.    Division  of  city  into  wards. 

SECTION  1.  DIVISION  OF  CITY  INTO  WARDS.]  The  city  of 
Bloomington  shall  be  divided  into  six  wards,  as  follows : 

First  Ward  shall  include  all  that  part  of  the  city  lying 
north  of  Front  street,  east  of  Main  street,  and  south  of  Chest- 
nut street. 

Second  Ward  shall  include  all  that  part  of  the  city  lying 
north  of  Front  street,  west  of  Main  street,  and  south  of 
Chestnut  street. 


WATER    SUPPLY.  119 

Third  Ward  shall  include  all  that  part  of  the  city  lying 
south  of  Front  street  and  west  of  Main  street. 

Fourth  Ward  shall  include  all  that  part  of  the  city  lying 
south  of  Front  street  and  east  of  Main  street. 

Fifth  Ward  shall  include  all  that  part  of  the  city  lying 
north  of  Chestnut  street  and  west  of  Lee  street. 

Sixth  Ward  shall  include  all  that  part  of  the  city  lying 
north  of  Chestnut  street  and  East  of  Lee  street. 


CHAPTER   XXI. 

WATEB    SUPPLY. 

Water  board. 

Constitution  of  water  bond — clerk. 

Meetings— president^compensation. 

Superintendent,  appointment  and  bond. 

Duties  of  superintendent. 

Clerk's  duties — records. 

Plat  of  water  mains,  etc. 

Report  of  water  bond. 

Right  of  Council  to  control. 

Taking  water  from  public  bydrant,  etc.— penalty. 

Other  offenses — penalty. 

Rules  and  regulations  for  the  introduction  of  water. 

Rules  and  regulations  for  the  government  of  plumbers. 

Manner  of  collecting  rents. 

Rates  of  water  rent. 

Assessment  of  water  rent,  etc. 

SECTION  1.  WATER  BOARD.]  The  water-works  of  said  city 
shall  be  placed  under  the  control  and  management  of  a  Water 
Board,  with  power  to  do  all  such  acts  as  may  be  necessary  for 
the  prudent  and  efficient  management  and  protection  of  said 
works,  not  inconsistent  with  the  ordinances  of  said  city,  and 
the  rules  and  regulations  established,  or  which  may  hereafter 
be  established  by  the  City  Council  of  said  city,  in  relation  to 
said  works. 

§•2.  CONSTITUTION  OF  WATER  BOARD — CLERK.]  The  said 
Water  Board  shall  be  composed  of  three  members  of  the  City 
Council.  On  the  taking  effect  of  this  ordinance,  it  shall  be 
the  duty  of  the  Mayor  to  appoint  three  members  of  the  City 
Council  to  serve  on  said  Board  until  the  first  regular  meeting 
of  the  City  Council  after  the  next  annual  municipal  election, 
at  which  meeting,  and  annually  thereafter,  the  Mayor  shall, 
in  like  manner,  appoint  three  of  its  members  to  serve  on  said 
Water  Board  for  the  ensuing  year,  and  until  their  successors 


120  ORDINANCES. 

shall  have  been  appointed.  The  City  Clerk  shall  be  the  clerk 
of  said  Board,  whose  meetings  it  shall  be  his  duty  to  attend, 
and  keep  a  full  and  complete  record  of  the  proceedings  of  said 
Board,  and  to  do  and  perform  such  other  acts  as  the  Board 
may  require. 

§  3.  MEETINGS — PRESIDENT — COMPENSATION.]  It  shall  be 
the  duty  of  said  Water  Board  to  meet  in  regular  session  on 
the  first  Tuesday  evening  of  each  month,  for  the  transaction 
of  business,  and  may  hold  adjourned  meetings  as  often  as  may 
be  necessary  to  dispose  of  the  business  before  them.  At  the 
first  regular  meeting  of  the  Bbard,  and  at  its  first  regular 
meeting  after  each  annual  election,  it  shall  select  from  its 
members  a  President,  who  shall  serve  as  such  until  his  suc- 
cessor shall  have  been  selected.  In  the  absence  of  the  Presi- 
dent, any  other  member  of  the  Board  may  act  as  President 
for  the  time  being.  Any  member  of  the  Board  may  call  a 
special  meeting  at  any  time  when  an  emergency  may  require 
it.  Whenever  the  President  or  any  other  member  of  the 
Board  shall  deem  it  expedient  to  call  a  special  session  of  the 
Board,  he  shall  notify  the  clerk  thereof,  whose  duty  it  shall  be 
immediately  to  notify  the  remaining  members  of  such  meet- 
ing. All  meetings  of  the  Board  shall  be  held  at  the  council 
chamber,  unless  otherwise  ordered  by  the  Board.  Vacancies 
in  said  Board  may  be  filled  by  the  Mayor  until  the  next  an- 
nual appointment  of  its  members.  The  members  of  said 
Board  may  be  paid  such  compensation  for  their  sendees  as  the 
City  Council  shall  deem  proper. 

§  4.  SUPERINTENDENT — APPOINTMENT  AND  BOND.]  A  Super- 
intendent of  the  Water  Works  shall  be  appointed  as  provided 
by  law,  who  shall  take  the  oath  required  of  city  officers  in  the 
manner  prescribed  by  law.  Such  Superintendent  shall,  before 
entering  upon  the  duties  of  his  office,  execute  a  bond  to  said 
city,  in  the  penalty  of  two  thousand  dollars,  with  surety  to  be 
approved  by  the  City  Council,  conditional  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  to  save  and  keep 
harmless  said  city  from  all  damages,  costs  and  expenses  arising 
from  any  negligence,  carelessness  or  want  of  skill  in  exer- 
cising the  functions,  or  performing  the  duties  of  his  office. 

§5.  DUTIES  OF  SUPERINTENDENT.]  The  Superintendent 
shall,  under  the  direction  and  supervision  of  the  Water  Board, 
have  the  control  and  management  of  the  Water  Works  of 
said  city.  He  shall  keep  his  office  at  the  City  Clerk's  office, 
and  shall,  with  the  advice  and  consent  of  the  Water  Board, 
appoint  such  aisistants  as  the  Board  may  deem  necessary. 
The  compensation  of  such  assistants  to  be  determined  by  the 


WATER   SUPPLY.  121 

City  Council.  The  Superintendent,  by  himself  or  assistants, 
shall  remain  at  his  office  during  reasonable  hours,  and  main- 
tain a  vigilant  and  continual  oversight  over  the  machinery, 
stand-pipe  and  fixtures  connected  with  the  Water  Works, 
He  shall  exercise  a  watchful  care  over  the  distributing  water 
pipes,  valves,  hydrants,  and  all  other  fixtures  connected  with 
the  system  of  water  distribution  and  water  supply  of  said 
works,  and  be  at  all  times  in  readiness  to  promptly  repair  any 
damage  to  the  same.  He  shall  keep  at  his  office  a  full  and 
complete  record  of  all  permits  issued  for  taking  water  from 
the  distributing  mains  or  pipes,  together  with  such  other  books 
or  records  as  the  Water  Board  may  require.  Such  Superin- 
tendent shall,  in  addition,  perform  such  other  duties  as  in  this 
ordinance  may  be  required,  or  as  may  be  required  by  the  Wa- 
ter Board  or  City  Council. 

§  6.  CLERK'S  DUTIES — RECORDS.]  The  clerk  of  the  Water 
Board  shall,  under  its  direction,  cause  a  record  book  to  be 
made,  in  which  to  record  the  proceedings  of  the  board,  and 
such  other  record  books  as  may  be  deemed  necessary,  includ- 
ing a  tap  record,  an  assessment  record,  and  all  other  books 
and  blanks  for  a  full  and  complete  account  of  all  the  trans- 
actions of  the  Board  in  connection  with  said  Water  Works. 

§  7.  PLAT  or  WATER  MAINS,  ETC.]  The  Water  Board  shall 
cause  to  be  prepared  a  fall  and  complete  plat  or  chart,  show- 
ing the  location  of  all  the  distributing  pipes  or  mains  belong- 
ing to  the  system  of  Water  Works,  together  with  the  location 
of  all  valves,  fire  hydrants  and  fireplugs  connected  therewith. 

§  8.  REPORT  OF  WATER  BOARD.]  The  Water  Board  shall  an- 
nually, before  the  last  regular  meeting  of  the  City  Council, 
previous  to  each  annual  municipal  election,  and  at  such  other 
times  as  the  City  Council  may  direct,  report  to  the  City  Coun- 
cil the  operations  of  said  Water  Board,  which  reports  shall 
show  the  true  condition  of  the  works,  the  additions  and  im- 
provements made  thereto  during  the  year,  and  the  number  of 
permits  issued  to  water  takers ;  also  a  detailed  account  of  the 
receipts  and  expenditures  on  account  of  the  Water  Works,  in- 
cluding water  rents  collected,  and  the  amount  of  rents  de- 
linquent, and  such  other  information  and  suggestions  as  the 
Council  may  direct,  and  in  their  first  annual  report,  such 
board  shall  embrace  a  detailed  statement  of  the  entire  cost  of 
said  works,  as  near  as  they  can  ascertain  the  same. 

§  9.  RIGHT  or  COUNCIL  TO  CONTROL.]  The  City  Council  re- 
serves the  right  to  control  and  direct  the  said  Water  Board, 
and  said  Superintendent,  as  to  their  duties,  by  resolution, 
whenever  in  its  opinion  the  interest  of  the  city  may  require 

—16 


122  ORDINANCES. 

it,  anything  in  this  ordinance  contained   to  the  contrary  not- 
withstanding. 

§  10.  TAKING  WATER  FROM  PUBLIC  HYDRANT,  ETC.]  No 
person,  unless  authorized  by  the  Water  Board,  the  Superin- 
tendent, or  by  the  City  Council,  shall,  except  in  time  of  fire, 
take  water  from  any  public  fire  plug,  or  hydrant,  or  remove 
the  cover  from  the  same,  or  place  or  deposit  any  earth  or 
other  material  in  any  such  fire  plug,  or  hydrant,  or  in  the  box 
or  appendage  thereto,  on  turn  any  private  or  public  stop- 
cock, or  commit  any  act  tending  to  obstruct  the  use  thereof, 
or  injure  in  any  manner  any  building,  machinery,  pipe,  appa- 
ratus, or  fixture  of  the  city  Water  Works ;  and  when  fire 
hydrants  or  plugs  are  placed  on  public  or  private  grounds  by 
companies  or  individuals,  the  use  of  the  same,  except  in  case 
of  fire,  is  prohibited.  Whoever  shall  violate  any  provision  of 
this  section,  shall  be  fined,  not  less  than  one  dollar,  nor  more 
than  one  hundred  dollars,  for  each  ofiense. 

§  11.  OTHER  OFFENCES — PENALTY.]  No  person  shall  take 
any  water  from  any  public  or  private  hydrant,  plug,  street- 
washer,  draw-cock,  hose,  pipe,  fountain,  cistern,  street  reser- 
voir, or  fountain  basin,  which  shall  have  been  filled  in  whole 
or  in  part  from  the  city  Water  Works,  except  by  permission 
from  the  Water  Board  or  Superintendent;  nor  shall  in  any 
way  use  or  take  any  water  for  private  use  which  is  furnished 
by  the  city  Water  Works,  unless  such  person,  company  or 
corporation,  shall  first  pay  for  the  same  and  receive  the  usual 
permit  from  the  Superintendent  so  to  do.  Whoever  shall  vio- 
late any  provision  of  this  section,  shall  be  fined  not  less  than 
one  dollar  nor  more  than  one  hundred  dollars. 

§  12.  RULES  AND  REGULATIONS  FOR  THE  INTRODUCTION  OF 
WATER.]  The  following  rules  and  regulations  for  the  intro- 
duction and  management  of  service  pipes,  and  the  supply  of 
water  from  the  city  Water  Works,  are  hereby  established. 

First — No  person,  company  or  corporation,  shall  be  per- 
mitted to  tap  or  make  any  connection  with  the  distributing 
pipes  of  the  Water  Works  of  the  city  of  Bloomington,  unless 
duly  authorized  by  the  Water  Board. 

Second — Applications  for  a  permit  to  connect  service  or  sup- 
ply pipes  with  the  distributing  mains,  must  be  made  to  the 
Superintendent,  who  shall  ascertain  the  cost  of  the  ferrule 
desired,  and  upon  receiving  payment  therefor  he  shall  deliver 
to  the  applicant  the  said  ferrule  and  issue  the  desired  permit 
to  any  licensed  plumber  designated  by  the  applicant.  The 
Superintendent  shall  keep  a  record  of  all  permits  issued  and 


WATER   SUPPLY.  123 

the  amounts  received  therefor,  and  shall  pay  all  money  so  re- 
ceived to  the  City  Treasurer,  and  make  such  report  as  the 
Water  Board  may  direct. 

The  prices  for  ferrules  shall  be  established  by  the  Water 
Board. 

The  clerk  shall  tile  the  Treasurer's  receipt  and  charge  him 
with  the  sum  paid. 

Third — It  shall  be  the  duty  of  the  Water  Board  to  make  all 
purchases  of  ferrules,  or  other  materials  or  supplies  necessary 
for  use  in  the  management  of  the  Water  Works,  under  such 
rules  and  regulations  as  the  City  Council  shall  determine,  and 
all  accounts  for  such  purchases  shall  be  audited  by  the  Board 
before  being  presented  to  the  City  Council  for  payment.  The 
Water  Board  shall  cause  an  accurate  account  to  be  kept  of  all 
purchases  made  or  expenses  incurred  on  account  of  the  works. 
And  the  Superintendent  shall  account  to  the  Water  Board  for 
all  supplies  procured  for  the  use  of  his  office. 

Fourth — The  material  used  for  service  pipe  must  conform  to 
the  standard  given  in  the  rules  governing  plumbers. 

Fifth — Service  pipe  intended  to  supply  two  or  more  distinct 
premises  or  tenements,  must  be  provided  with  separate  and 
distinct  stop-cocks  for  each  tenement  on  the  outside  of  the 
same  ;  or  when  only  one  stop-cock  is  used,  the  person  or  per- 
sons controlling  the  same  must  pay  the  water  rent  of  all  par- 
ties who  are  thus  supplied,  as  separate  water  rates  will  not  be 
made. 

Sixth — Persons  taking  water  must  keep  their  service  pipes 
connecting  with  mains  or  supply  pipes,  and  all  fixtures  con- 
nected therewith  in  good  repair,  and  protected  from  frost,  at 
their  own  expense,  and  must  prevent  all  unnecessary  waste  of 
water. 

Seventh — ~No  addition  to,  or  alteration  whatever  of  any  tap, 
pipe,  water-cock  or  other  fixtures,  shall  be  made,  or  caused  to 
be  made,  by  any  persons  taking  water,  except  through  a  duly 
licensed  plumber,  and  a  permit  first  obtained  from  the  Superin- 
tendent, as  provided  in  rule  second. 

Eighth — Hydrants,  taps,  hose,  water-closets,  urinals,  baths 
or  other  fixtures,  will  not  be  permitted  to  be  kept  running 
when  not  in  use. 

Ninth — Applications  for  water  must  state  fully  all  purposes 
for  which  it  is  required.  Parties  must  answer  without  con- 
cealment all  questions  put  to  them  by  the  Water  Board,  or  Su- 
perintendent, relating  to  its  consumption. 

Tenth — Water  takers  will  not  be  allowed  to  supply  others 
except  by  special  permit  from  the  Superintendent  or  Water 


124  ORDINANCES. 

Board.     If  found  doing  so  without  permit,  the  supply  will  be 
stopped  and  the  water  rent  paid  forfeited. 

Eleventh — Fountains  shall  not  be  used  longer  than  six  hours 
per  day,  and  not  earlier  than  six  o'clock  a.  ra.  nor  after  nine 
o'clock  p.  ra.  during  the  summer  season,  unless  specially  per- 
mitted and  on  additional  payment ;  and  the  right  is  reserved 
to  suspend  their  use  whenever  the  public  exigency  may  re- 
quire it.  Fountains  and  private  hose  shall  not  be  used  in  time 
of  fire,  except  the  use  of  the  hose  for  protection  from  fire. 
All  persons  using  fountains  are  required  to  immediately  shut 
oft*  the  water  upon  an  alarm  of  fire.  Any  violation  of  the  pro- 
visions of  this  rule  shall  subject  the  oftender  to  a  penalty  of 
not  less  than  one  dollar  nor  more  than  fifty  dollars. 

Twelfth — Sprinkling  streets,  sidewalks  and  lots  is  restricted 
to  two  hours  per  day,  to-wit :  between  the  hours  of  five  o'clock 
a.  m.  and  nine  o'clock  p.  m.  unless  by  special  contract  with 
the  Water  Board.  Any  person  violating  this  rule  shall  forfeit 
and  pay  as  a  penalty  any  sum  not  less  than  one  dollar  nor  more 
than  fifty  dollars. 

Thirteenth — In  sprinkling  streets  and  sidewalks,  each  water 
taker  shall  confine  himself  to  the  front  of  his  premises,  and 
one-half  the  width  of  the  street  in  front  thereof  unless  a  special 
contract  is  made  to  use  more  water.  Hose  larger  than  three- 
fourths  of  an  inch  will  not  be  permitted  for  such  purposes,  ex- 
cept by  a  special  contract.  Sprinkling  without  nozzle,  or  with  an 
opening  greater  than  one-fourth  of  an  inch,  is  strictly  forbid- 
den. Any  violation  of  this  rule  shall  subject  the  oftender  to 
a  penalty  of  not  less  than  one  dollar  nor  more  than  fifty  dol- 
lars. 

Fourteenth — The  regular  water  rent  for  street,  sidewalk  and 
lot  sprinkling  will  ba  based  upon  such  use  only  for  dust  lay- 
ing or  sprinkling  purposes  fairly  applied,  and  any  excessive 
or  unreasonable  use  of  water  is  prohibited.  Any  violation  of 
this  rule  shall  subject  the  oftender  to  the  same  penalties  as 
prescribed  in  rule  thirteen. 

fifteenth — If  a  street  waaner  or  hose  is  found  out  of  order, 
leaking,  or  converted  into  a  jet  or  jets,  or  suffered  to  run  when 
not  used  by  a  person  engaged  in  sprinkling,  the  supply  will 
be  cut  oft'  without  previous  notice. 

Sixteenth — No  lease  of  water  will  be  made  for  a  shorter  period 
than  one  year,  and  the  fraction  of  the  year  (if  any)  preceding 
the  first  quarter  of  water  rents  falling  due.  This  rule,  how- 
ever, shall  not  appl}'  to  special  cases,  where  water  may  be  re- 
quired for  an  indefinite  period.  In  the  latter  case  the  Water 
Board  shall  regulate  the  manner  of  taking  water. 


WATER     SUPPLY  125 

Seventeenth — All  water  rents,  except  as  herein  otherwise  pro- 
vided, shall  become  due,  in  advance,  on  the  first  days  of  June, 
September,  December  and  March  of  each  year.  The  frac- 
tional water  rents  from  the  time  of  letting  on  of  water  to  the 
falling  due  of  the  next  quarterly  payment  of  rents,  shall  be 
assessed  with  those  then  falling  due  and  collected  therewith. 
Special  rates  and  assessments  shall  be  assessed  and  collected 
by  bills,  or  otherwise,  as  the  Water  Board  shall  direct.  All 
water  rents  shall  be  collected  by  the  City  Treasurer. 

Eighteenth — If  any  person,  company,  or  corporation  shall 
neglect  or  refuse  to  pay  his,  her,  or  their  water  rents  when 
due,  or  permit  any  use  of  water  not  authorized  by  this  ordi- 
nance, or  suffer  any  waste  in  water  supplied  from  the  City 
Water  Works,  the  Water  Board  may,  in  addition  to  the  other 
penalties  herein  provided,  cause  the  water  to  be  immediately 
turned  off,  and  the  same  shall  not  be  turned  on  again  until 
all  back  rents,  penalties  and  damages  shall  be  paid,  and  the 
further  sum  of  one  dollar  for  turning  off' and  on  water. 

Nineteenth — In  cases  where  the  water  has  been  turned  off,  as 
provided  in  rule  eighteenth,  or  for  any  other  cause  in  this  or- 
dinance prescribed,  and  the  water  is  found  on  again,  or  when, 
in  the  opinion  of  the  Water  Board,  the  turning  off  of  the 
water  on  the  stop-cock  is  not  a  sufficient  protection  against 
a  further  use  of  the  water,  it  shall  be  lawful  for  the  Water 
Board  to  cause  the  ferrule  to  be  drawn.  Upon  a  re-applica- 
tion for  the  water,  when  the  ferrule  has  been  drawn,  an  addi- 
tional charge  corresponding  with  the  price  fixed  in  rule  two, 
for  inserting  the  ferrule  shall  be  made. 

Twentieth — In  all  cases  where  there  is  a  cistern  on  or  near 
the  line  of  two  separate  premises,  so  situated  that  it  can  be 
filled  from  a  hydrant,  hose  or  pipe  connected  with  the  Water 
Works,  and  liable  to  be  used  by  the  occupants  of  both,  the 
water  shall  not  be  allowed  to  either  unless  the  water  rent  for 
both  premises  is  paid,  or  the  party  who  may  wish  the  water 
turned  on  shall  fasten  a  permanent  cover  on  such  cistern,  so 
as 'to  satisfy  the  officers  of  the  works  that  such  cistern  will 
not  be  filled  from  water  of  the  City  Water  Works. 

Twenty-jurat — The  WTater  Board  is  authorized  to  apply  meters 
to  any  service  pipe  as  it  may  deem  advisable. 

Twenty-second — The  members  of  the  Water  Board,  and  the 
Superintendent  of  Water  Works,  or  his  assistants,  shall  have 
free  access,  at  all  reasonable  hours  of  the  day,  to  all  parts  of 
the  premises  to  which  water  is  supplied,  to  make  necessary 
examinations. 


|26  ORDINANCES. 

Twenty-third— The  consequence  of  the  violation  of  the  pre- 
ceding rules  will  be,  in  the  discretion  of  the  Water  Board,  or 
the  Superintendent,  the  stoppage  of  the  supply  of  water  with- 
out any  preliminary  notice ;  and  it  will  not  be  restored  except 
upon  the  payment  of  all  arrearages  and  damages,  and  upon  a 
satisfactory  understanding  with  the  party  offending,  that  no 
future  cause  of  complaint  shall  arise. 

Twenty-fourth— 1\\  all  cases  when  any  servant,  apprentice  or 
minor  shall  be  guilty  of  any  breach  of  the  preceding  rules 
and  regulations,  the  master,  mistress,  employer,  parent  or 
guardian  of  such  guilty  person  shall  be  responsible  for  and 
subject  to  prosecution  for  such  violation,  and  liable  to  the  city 
for  all  damages  occasioned  thereby.  In  addition,  the  person 
so  offending  shall  be  liable  to  the  penalty  for  the  offense,  if 
any  penalty  there  be. 

Twenty-fifth — Any  orders  or  rulings  of  any  of  the  officers 
connected  with  the  Water  Works,  in  relation  to  the  foregoing 
rules  and  regulations,  may  be  modified  or  rescinded  by  the 
full  Water  Board,  and  the  orders  or  rulings  of  the  Water 
Board  may  be  modified  or  rescinded  by  resolution  of  the  City 
Council. 

§  13.  RULES  AND  REGULATIONS  FOR  THE  GOVERNMENT  OF 
PLUMBERS.]  Plumbers  for  the  city  Water  Works  shall  be  gov- 
erned by  the  following  rules  and  regulations : 

'  First — No  person  or  firm  shall  make  any  connection  or  at- 
tachment with  the  pipes  of  the  Water  Works  of  the  city,  nor 
rnuke  any  repairs,  additions  to,  or  alterations  of  any  tap, 
pipe,  C"ck,  or  other  fixtures  connected  with  said  service  water 
pipes,  unless  aa  a  plumber  or  plumbers,  duly  licensed  as  here- 
in required. 

<>nd — Any  individual  or  firm,  wishing  to  do  business  as 
plumbers,  connected  with  the  Water  Works,  shall,  before  re- 
ceiving any  permit  to  do  so,  file  his  or  their  petition  with  the 
clerk  of  the  Water  Board,  stating  his  or  their  place  of  busi- 
ness, and  asking  to  be  licensed  as  a  plumber  or  plumbers  in 
connection  with  the  city  Water  Works,  stating  his  or  their 
willingness  and  consent  to  be  governed  by  the  ordinances,  by- 
laws and  rules  and  regulations  of  the  City  Council,  in  relation 
to  said  works,  which  petition  shall  be  presented  to  the  Water 
Board  by  its  clerk,  and  if  the  Board  shall  be  satisfied  that  the 
party  or  parties  making  such  application  are  qualified  to  be 
licensed,  the  Board  shall  grant  the  prayer  of  said  petition,  and 
shall  order  its  clerk  to  issue  to  such  person  or  persons  a  for- 
mal license  under  his  hand  and  the  city  seal,  constituting  such 
person  or  persons  a  plumber  or  plumbers  of  the  Water  Works 


WATER    SUPPLY. 

of  said  city,  but  before  receiving  such  license,  the  applicant  or 
applicants  shall  execute  his  or  their  bond  to  said  city,  with 
surety  to  be  approved  by  the  Water  Board  of  said  city,  in  the 
penalty  of  two  thousand  dollars,  conditioned  for  the  due  per- 
formance of  his  or  their  duties  as  such  plumber  or  plumbers, 
and  save  and  keep  harmless  said  city  from  all  damages  arising 
from  the  negligence  of  himself  or  themselves,  or  his  or  their 
servants  and  employes,  or  for  any  carelessness  or  unskillful- 
ness  in  the  exercise  of  his  or  their  business  as  plumber  or 
plumbers  for  such  Water  Works.  Suchliceuses  to  run  for  one 
year,  unless  sooner  revoked  by  said  City  Council.  Every 
plumber,  so  licensed,  shall  be  subject  to,  and  conform  to  all 
the  ordinances,  rules,  regulations  and  penalties  which  now 
exist,  or  which  may  hereafter  be  parsed  by  said  City  Council 
in  relation  to  said  Water  Works.  The  fee  for  such  license  shall 
be  one  dollar. 

Third — Any  plumber  leaving  the  city,  at  the  same  time  dis- 
continuing his  business  here,  shall  forfeit  his  license. 

Fourth — Every  attachment  or  connection  with  the  pipes  of 
the  Water  Works  shall  be  made  in  the  presence  of  the  Super- 
intendent or  his  agent,  and  to  his  satisfaction,  at  the  expense 
of  the  applicant,  for  which  a  permit  shall  have  been  previous- 
ly obtained  in  accordance  with  rule  number  two,  in  section 
number  twelve,  of  this  ordinance. 

Fifth — No  plumber  shall  be  permitted  to  enter  pipe  or  con- 
duct water  into  any  two  distinct  premises  or  tenements,  unless 
separate  and  distinct  stop-cocks  shall  be  placed  on  the  outside 
of  such  premises  on  the  sidewalk  or  in  the  public  alley  oppo- 
site the  same,  in  addition  to  the  main  stop-cock  on  the  side- 
walk, opposite  the  ferrule,  as  the  Superintendent  may  direct ; 
unless  the  person  or  persons  controlling  the  main  stop-cock 
pays  all  water  rents  for  the  premises  thus  supplied. 

Sixth — -All  connections  shall  be  provided  with  a  good  and 
sufficient  casing  of  iron  or  wood  pipe,  in  the  discretion  of  the 
Superintendent.  The  cover  of  the  casing  shall  be  of  cast 
iron,  with  the  letter  "W"  cast  thereon.  The  same  to  be 
placed  in  the  sidewalk  near  the  curb,  so  that  the  latter  may  be 
seen  from  the  sidewalk.  The  separate  stop-cock  casing 
covers  for  several  tenements  to  be  of  cast  iron  and  marked 
with  "  W."  Every  service  pipe  must  be  provided  with  a  stop 
and  waste,  so  situated  that  the  water  can  be  conveniently  shut 
off  and  drained  from  the  pipe,  to  prevent  freezing. 

Seventh — All  stop-cocks  used  for  service  pipes  of  one  inch 
water-way  or  less,  to  be  provided  with  a  T  handle  not  less 
than  7-16  of  an  inch,  and  not  more  than  f  of  an  inch  in  width 


128 


ORDINANCES. 


across  the  handle.  The  stop-cock  used  for  service  pipes  above 
one  inch  of  water-way  to  two  and  one-half  inches,  to  have  a 
square  top  to  the  plug  measuring  one  and  three-eighths  of  an 
inch  on  each  side  of  the  square.  Three  inch  stop-cocks  to 
have  an  oblong  top,  three  and  one-fourth  inches  long  by  one 
and  one-fourth  inches  wide. 

•  Eighth — In  places  where  the  stop-cock  has  to  be  placed 
deeper  than  six  feet,  a  stationary  wrench  which  comes  up  to 
the  ordinary  depth  of  the  cock,  shall  be  put  on.  The  top  of 
wrench  to  be  formed  like  the  top  of  the  stop-cock,  and  the  rod 
to  work  in  a  guide  immediately  below  its  top  or  handle. 

Ninth — All  stop-cocks  used  by  the  plumbers,  on  the  side- 
walks, as  well  as  those  used  for  street  and  lot  sprinkling,  hy- 
drants, water-closets,  etc.,  shall  be  subject  to  the  inspection 
and  approval  of  the  Superintendent,  and  the  stop-cock  casing 
to  be  equal  to  the  sample  in  the  Water  Works  office. 

Tenth — No  service  pipe  between  the  ferrule  and  the  stop- 
cock on  the  sidewalk  shall  be  laid  less  than  five  feet  below  the 
surface  of  the  street  grade.  The  material  used  for  such  service 
pipe,  shall  in  each  and  every  case  be  subject  to  the  inspection 
of  the  Superintendent  or  his  agent,  and  if  found  defective,  or 
below  the  standard  established  by  the  ordinances,  its  use  will 
not  be  permitted. 

Eleventh — In  all  streets  where  distributing  pipes  are  laid, 
the  service  pipe  shall  be  of  lead  or  iron. 

Twelfth — The  following  weights  per  lineal  foot  for  lead  pipe, 
is  the  standard  for  service  pipe,  to- wit : 


Lead 


pipe 


inch 


bore,    2 

K>s. 

0 

oz.      pe 

2 

Ibs. 

7 

oz. 

3 

Ibs. 

0 

oz. 

3 

Ibs. 

10 

oz. 

4 

Ibs. 

12 

oz. 

6 

Ibs. 

0 

oz. 

8 

Ibs. 

2 

oz. 

7 

Ibs. 

4 

oz. 

9 

Ibs. 

8 

oz. 

lineal    foot 


On  all  lead  service  pipe  wiped  joints  to  be  made  without  any 
exception. 

Thirteenth— -No  person  shall  dig  up  the  earth  or  remove  the 
planks,  bricks,  stone  pavement  or  flagging,  in  any  street,  side- 
walk, lane,  alley  or  other  public  grounds  in  said  city,  for  the 
purpose  of  laying  or  repairing  any  service  pipe,  except  such 
person  or  persons  shall  have  received  a  permit  from  the  Super- 
intendent previous  to  the  commencement  of  such  dicing  or 
removal.  In  removing  pavement,  etc.,  the  rnaterial&dug  or 
taken  up  must  be  deposited  in  such  a  manner  as  to  guard 


WATER    SUPPLY.  129 

against  any  inconvenience  to  the  public  by  obstructing  the 
streets,  alleys,  or  sidewalks,  nor  shall  any  hole,  or  trench  in 
any  street,  alley  or  sidewalk,  or  other  public  place  be  left 
open  during  the  night,  unless  amply  protected  from  accident 

Fourteenth— The  replacement  of  earth,  brick,  stone  or  other 
material  so  disturbed  shall  be  done  by  skillful  workmen,  to 
whose  particular  profession  such  work  belongs,  and  the  street, 
sidewalk  or  lane,  alley  or  public  ground  shall  be  left  in  as 
good  and  solid  condition  as  it  was  before  such  excavations 
were  made.  Where  stop-cock  casings  are  set  into  the  flag- 
ging or  pavement  of  the  sidewalks,  the  stones  to  be  neatly 
cut,  and  the  casing  to  be  accurately  fitted  and  finished,  so 
that  the  corer  shall  be  even  with  the  surface. 

Fifteenth — In  all  cases  where  boilers  are  supplied,  a  suitable 
vacuum  or  safety  valve  must  be  applied  to  prevent  damage 
from  collapsing,  or  otherwise,  when  the  water  is  shut  off 
from  the  street  mains.  Check  valves  are  not  permitted  to  be 
used  except  on  special  permission  in  writing  of  the  Water 
Board. 

Sixteenth — Within  forty-eight  hours  after  completing  any 
attachment  or  connecting  with  the  water  mains,  the  plumber 
shall  make  a  full,  true,  and  complete  report  in  writing,  of  the 
number  of  rooms  on  the  premises  to  which  water  is  supplied, 
or  other  contemplated  use  of  water  thereon,  according  to  the 
rules  and  regulations  and  the  tariif  of  water  rates  established 
by  the  City  Council,  and  file  the  same  with  the  Superintend- 
ent, who  shall  thereupon  cause  the  water  to  be  turned  on. 
This  report  shall  also  contain  accurate  and  complete  measure- 
ments of  the  distances,  north,  south,  east  or  west,  from  the 
corner  of  the  nearest  street,  lane  or  public  alley,  from  which 
the  stop-cock  is  placed.  The  measurement  to  be  made  in  a 
direct  line  with  the  front  of  the  house  or  fence  on  the  corner, 
and  the  name  of  the  street  or  alley  containing  the  pipe  into 
which  entry  has  been  made,  and  whether  the  stop-cock  is  on 
the  north,  south,  east  or  west  side  of  the  same.  Every  return 
must  be  full  and  complete  in  every  particular.  These  returns, 
after  being  examined  and  approved  by  the  Superintendent, 
shall  be  delivered  to  the  clerk  of  the  Water  Board,  to  enable 
him  to  compile  his  tap  and  assessment  records,  after  which 
the  clerk  shall  file  such  returns  arid  carefully  preserve  the 
same  in  his  office. 

Seventeenth — No  plumber  shall  make  any  attachment  to  any 

old  pipe,  or  other  fixtures  which  have   been  shut  off"  by  the 

proper  officers,  or  which  are  out  of  use,  without  first  having 

obtained  permit  or  re-issue  as  hereinafter  provided.      Nor 

—17 


ORDINANCES. 

shall  any  plumber  make  any  addition  to  or  alteration  of  any 
top  pipe  or  cock,  or  other  fixtures  attached  to  the  Water 
Works  except  by  special  written  or  printed  permit  first  ob- 
tained ;  and  the  plumber  shall  report  such  change  m  writing 
in  a  concise  manner  within  twenty-four  hours  thereafter,  and 
the  additional  water  rent  occasioned  thereby  shall  be  assessed 
and  collected  with  the  next  quarterly  collection  of  water  rents. 

Eighteenth— Plumbers  making  repairs  to  hydrants  or  other 
fixtures  attached  to  the  Water  Works,  in  cases  where  the 
water  has  been  turned  off  on  account  of  leakage  or  other 
defects,  shall  give  the  owner  or  occupant  of  the  premises  a 
written  certificate  that  such  fixtures  have  been  properly  re- 
paired, which  certificate  having  been  filed  with  the  Superin- 
tendent will  be  sufficient  evidence  that  such  repairs  have  been 
made.  Thereupon  the  Superintendent  shall  turn  on  the 
water.  But  water  shall  not  be  turned  on  unless  the  certificate 
is  satisfactory  to  the  Superintendent. 

Nineteenth— No  plumber  shall,  after  making  any  connections 
with  the  street  mains,  or  after  making  repairs,  or  putting  in 
any  new  attachment,  leave  the  stop-cock  open  and  the  water 
on  the  premises. 

Twentieth — No  hydrant  shall  be  placed  in  any  front  yard  or 
common  area  of  any  premises  so  situated  as  to  be  accessible 
to  persons  living  in  or  occupying  neighboring  premises,  unless 
the  person  or  persons  controlling  such  hydrant  becomes  re- 
sponsible for  and  pays  the  water  rent  for  all  persons  so  acces- 
sible, subject  however  to  the  discretion  of  the  Water  Board. 

Twenty-first — No  service  pipe  shall  be  entered  by  any  plumber 
or  other  person  in  any  premises  where  a  ferrule  has  been  pre- 
viously inserted,  or  water  conveyed  for  the  purpose  of  giving 
an  increased  supply,  except  in  conformity  with,  and  subject  to, 
the  rules  and  regulations  herein  contained.  Nor  shall  any 
two  ferrules  be  entered  into  any  of  the  distributing  mains 
within  the  distance  of  two  feet  of  each  other,  or  nearer  than 
eighteen  inches  of  the  end  of  any  pipe,  nor  shall  any  change 
of  ferrule  be  made  on  any  premises,  where  the  use  of  the 
water  has  been  previously  had  or  obtained,  until  the  ferrule 
previously  used  shall  have  been  drawn,  and  the  opening  where 
such  ferrule  was  inserted  shall  have  been  securely  stopped  by 
a  brass  plug,  at  the  expense  of  the  party  asking  such  change. 

Twenty-second — No  ferrule,  shall  be  inserted  in  any  of  the 
distributing  mains  above  the  size  of  three-quarters  of  an  inch 
inside  diameter  of  opening,  unless  with  the  consent  of  the 
Water  Board,  and  in  all  cases  where  ferrules  of  a  larger  size 
are  asked,  permits  shall  only  be  granted  to  enter  such  ferrules 


WATER   SUPPLY.  131 

of  extra  size,  on  condition  that  the  party  procuring  such 
grant  shall  be  at  the  expense  of  putting  on  in  addition  a  suit- 
able iron  clamp,  as  shall  be  determined  by  the  Superintendent. 
The  ferrule  to  be  inserted  into  both  the  clamp  and  distribut- 
ing pipe  in  such  a  manner  as  to  fully  preserve  the  strength  of 
the  pipe,  and  securely  hold  the  ferrule  and  prevent  leakage. 

Twenty-third — Any  plumber  or  other  person  violating  any 
of  the  rules  contained  in  this  section,  shall,  for  such  offense, 
forfeit  and  pay  as  a  penalty  any  sum  not  less  than  one  dollar 
nor  more  than  one  hundred  dollars,  and  be  liable  in  damages 
to  any  person  for  injuries  resulting  from  the  violation  of  said 
rules.  For  a  second  violation  of  said  rules  by  any  plumDer, 
he  shall,  in  addition  to  the  penalty  above  incurred,  forfeit  his 
license,  or  the  license  of  his  firm.  For  any  injury  or  damage 
to  said  Water  Works  or  fixtures,  caused  by  the  carelessness, 
neglect,  or  want  of  skill  in  any  plumber  or  plumbers,  or  his 
or  their  employes,  he  or  they  shall  be  liable  to  an  action  on 
his  or  their  bond  for  the  damages  sustained  by  said  city  by 
reason  of  the  breach  or  breaches  of  the  condition  of  said 
bond. 

§  14.  MANNER  OF  COLLECTING  RENTS.]  The  water  rents  ac- 
cruing to  said  city  from  the  Water  Works  shall  be  collected 
in  the  following  manner : 

First — The  City  Clerk  shall,  on  the  first  business  day  pre- 
ceding the  first  of  June,  September,  December  and  March,  of 
each  year,  make  out  and  deliver  to  the  City  Treasurer,  a  du- 
plicate of  the  assessment  book,  containing  a  full  and  complete 
list  of  all  water  rents  due  to  said  city  at  the  time  of  delivering 
said  duplicates.  Such  duplicate  to  be  prepared  in  form  simi- 
lar to  the  tax  duplicate  with  proper  ruled  columns  and  head- 
ings, so  as  to  contain  the  name  and  residence,  with  the  num- 
ber of  the  permit,  and  amount  of  water  rent  due  from  each 
person,  company  or  corporation,  showing  in  separate  columns, 
the  fractional  rent  due  from  the  time  of  letting  on  water,  the 
advance  rent  due  for  the  ensuing  three  months,  rents  delin- 
quent with  penalty,  interest  and  costs.  Upon  such  duplicate 
the  Clerk  shall  attach  his  warrant  directing  the  Treasurer  to 
collect  such  rents  pursuant  to  the  ordinances  of  said  city. 

Second — Immediately  on  receiving  such  duplicate  the  Treas- 
urer shall  give  notice  in  the  corporation  newspaper,  that  the 
duplicate  for  water  rents  has  been  placed  in  his  hands  for  col- 
lection, and  notifying  parties  owing  water  rents  to  pay  the 
same  to  him  at  his  office  within  twenty  days,  and  unless  the 
same  are  paid  within  that  time,  he  would,  by  himself  or 


ORDINANCES. 


deputy,  make  a  personal  demand  of  payment,  and  exact  ten 
per  cent,  in  addition,  to  pay  the  expense  of  collection. 

After  receiving  such  duplicate,  the  Treasurer  shall,  by  him- 
self or  deputy,  attend  at  his  office  during  business  hours,  for 
twenty  days,  to  receive  such  water  rents  from  parties  volun- 
tarily paying  the  same.  At  the  expiration  of  twenty  days, 
the  Treasurer  shall,  by  himself  or  deputy,  immediately  pro- 
ceed to  make  a  personal  demand  (of  parties  who  have  not 
paid,)  for  the  water  rents  charged  against  them  on  said  du- 
plicate, such  demand  to  be  made  within  ten  days  after  the  ex- 
piration of  the  twenty  days  allowed  for  voluntary  payment. 
The  Treasurer  shall  deliver  to  each  party  paying  rent  a  re- 
ceipt therefor.  The  Treasurer  shall",  at  the  expense  of  the 
city,  procure  proper  printed  blank  receipts  for  payment  of 
water  rent. 

Third  —  Within  ten  days  after  the  expiration  of  the  thirty 
days  allowed  for  the  collection  of  said  water  rents,  the  Treas- 
urer shall  return  the  duplicate  to  the  Clerk  with  all  water 
rents  collected  thereon  marked  paid,  and  the  date  of  payment. 
The  Clerk,  upon  receiving  such  duplicate  shall  enter  such  de- 
linquents, and  credit  the  Treasurer  with  the  amount  of  such 
delinquent  water  tax,  so  that  the  Treasurer  will  only  stand 
charged  with  the  amount  of  rents  collected,  and  make  a  final 
settlement  with  the  Treasurer  in  the  same  manner  as  required 
by  law  in  the  settlement  of  municipal  taxes  collected  by  the 
Treasurer. 

Fourth  —  Upon  the  return  of  said  duplicate  and  final  settle- 
ment made  as  aforesaid,  it  shall  be  the  duty  of  the  Clerk  to 
report  such  delinquents  to  the  Water  Board,  at  its  next  regu- 
lar meeting,  whose  duty  it  shall  be  to  re-assess  the  same,  with 
ten  per  centum  penalty  and  interest  to  the  next  quarterly  pay- 
ment of  water  rents.  The  Water  Board  may,  however,  if  in 
its  opinion  the  same  is  necessary  to  protect  the  interests  of  the 
city,  cause  the  Superintendent  to  shut  oif  the  water  from  any 
of  the  parties  so  delinquent. 

Fifth—  Whenever  parties  shall,  after  the  second  demand  for 
payment  of  water  rents,  still  fail  and  neglect  to  pay  the  same 
he  or  they  so  failing  and  neglecting  shall  forfeit  and  pay  as  a 
penalty  any  sum  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  ;  or  the  Water  Board  may  in  its  discretion 
direct  the  City  Attorney  to  collect  the  same  by  action  at  law 
in  the  name  of  the  city, 

§  15.—  RATES  OP  WATER  RENT.]  The  following  tariff  of  rates 
for  water  rents  shall  .be  established,  to-  wit  : 


WATER    SUPPLY.  133 

Per  annum. 
Business  houses,  18  to  24  feet  front  for  basement  and  first  floor, 

all  occupied  by  same  party,  (one  tap) $  5.0() 

Bakeries 10.00 

Barber  shop,  first  chair 3^00 

Barber  shop,  for2d  and  3d  chairs, each 2^00 

Barbershop,  for  each  additional  chair 1.50 

Bathing  tubs,  public,  each 6.00 

Bathing  tubs,  private,  each 3.00 

Blacksmith  shop,  one  fire 3.00 

Blacksmith  shop,  each  additional  fire 1.00 

Biliard  room,  first  table  or  water  basin,  or  basins  used  in  con- 
nection therewith 3.00 

For  each  additional  table 1.00 

Boarding  house,  each  room 1.00 

Bowling  alley,  for  first  alley 3.00 

For  each  additional  alley 1.00 

Bookbindery 3.00 

Building  purposes,  brick  per  1,000  kiln  count 08 

stone  per  perch 05 

"  plastering  per  square  yard 0$ 

Candle  and  soap  factory,  to  be  assessed 

Candy  factory 15.00 

Churches 5.00 

Church  for  baptistry 10.00 

Cigar  factory,  for  first  hand 3.00 

"        for  each  additional  hand 75 

"            "        no  license  issued  for  less  than 8.00 

Cows,  each 1.00 

Dyeing  and  scouring  houses 15.00 

Dentist's  rooms 3  00 

Dwelling  houses,  four  rooms  or  less 4.00 

each  additional  room 50 

"  "         and  store,  extra  charge  for  store 

Foundries  and  machine  shops  to  be  assessed ..... 

Fountains,  six  hours  per  day  for  six  mouths,  1-16  inch  opening  6.00 

Fountains,  i  inch  opening 10.00 

Fountains,  i  inch  opening 25.00 

Fountains,  for  larger  sizes,  special  rates 

Gas  works  to  be  assessed 

Hose  for  sprinkling  lots,  66  feet  or  less  front,  }  inch  nozzle,  one 

hour  each  day 6.00 

Hose,  private,  each I-50 

Hotels,  each  room 1-00 

Ice  cream  saloon 10.00 

Laundry,  special  rates 

Livery  stable,  per  horse 3.00 

Malt  house,  to  be  assessed 

Meat  market,  same  as  business  house 5.00 

Offices 3-°° 

Oil  mill,  to  be  assessed 

Photograph  gallery 

Printing  offices - 

Printing  offices,  with  steam,  per  horse  power,  extra ».W 

Restaurant .'. «  l°  g 

Schools,  private  for  every  25  scholars *-»j 

Shops,  ten  persons  or  less °-v" 

Shops,  each  additional  person 

Soda  factory,  to  be  assessed 


1 34  ORDINANCES. 

Per  annum. 

Soda  Fountains tiooOtoJoM 

Saloons •; $10.00  to  rfO.OO 

slaughtering  and  packing  houses  to  be  assessed 

Street  sprinkler  to  be  assessed - 

Steam  engines,  per  actual  horse  power,  ten  hours  per  day «*.00 

Steam  engines,  per  actual  horse  power,  twenty-four  hours  per 

Jay 5.00 

Street  sprinkler,  for  private  houses,  66  feet  front  or  less,  f  tap 5.00 

Street  sprinkler,  for  private  houses,  each  additional  ten  feet 50 

Theater  and  public  halls ? 10.00 

Urinals,  private,  self-closing,  each 1.00 

Urinals,  hotels,  boarding-houses  andsaloons 5.00 

Vinegar,  per  barrel 05 

That  part  of  the  lot  facing  the  ferrule  is  what  is  termed  the 
"Front." 

Water  for  street  and  sidewalk  sprinkling  with  hose  to  be 
assessed  the  same  as  for  lot  sprinkling,  except  that  for  corner 
lots,  the  longest  front  shall  be  paid  for. 

Should  water  be  required  from  the  Water  Works  for  which 
rates  of  rent  are  not  herein  established,  the  Water  Board  shall 
fix  the  same  at  prices  corresponding  with  the  foregoing  rates. 

§  16.  ASSESSMENT  OF  WATER  RENTS,  ETC.]  It  shall  be  the 
duty  of  the  Water  Board,  to  establish  rules  for  assessing  water 
rents,  where  the  foregoing  tariff  of  rates  requires  them  to  be 
assessed.  Until  the  Board  establish  such  rates,  it  shall  be  the 
duty  of  the  Superintendent  to  make  such  assessments.  The 
Water  Board  shall  take  the  proper  steps  to  enforce  the  collec- 
tion of  all  water  rents  dependent  upon  special  contracts  or 
where  the  price  cannot  be  ascertained  until  the  water  shall 
have  been  used. 


ADOPTING    AND   PUBLISHING   ORDINANCE. 

An  ordinance  adopting  the  revised  ordinances  of  the  City  of 
Bloornington  and  providing  for  the  publication  thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Bloomington : 
That  the  foregoing  chapters  prepared  and  submitted  to  the 
,ity  Council  of  said  city  by  Isaac  N.  Phillips,  numbered  from 
one  to  twenty-one  inclusive  and  more  particularly  described 
by  their  respective  titles  as  follows,  to-wit:  Chapter  I  ,  "  Ani- 
mals, Pounds  and  Pound-keepers;"  Chapter  II.,  «  Cemete- 


WATER   SUPPLY.  135 

ries  ;  "  Chapter  III.,  "  City  Council ;  "  Chapter  IV.,  "  Dogs  ;  " 
Chapter  V.,  "  Elections  ;  "  Chapter  VI.,"  Fees  and  Salaries;" 
Chapter  VII.,  "  Fire  Department ;  "  Chapter  VIII.,  "Grades ;" 
Chapter  IX.,  "  Licenses ;  "  Chapter  X.,  "  Liquors ;  "  Chapter 
XL,  "  Misdemeanors  ;  "  Chapter  XII,,  "  Nuisances  ;  "  Chap- 
ter XIIL,  "  Officers  ;  "  Chapter  XIV.,  "  Ordinances  ;  "  Chap- 
ter XV.,  "Police  Department;"  Chapter  XVI.,  "Rail- 
roads;"  Chapter  XVII.,  "Revenue;"  Chapter  XVHL, 
"  Special  Assessments ;  "  Chapter  XIX.,  "  Supplies  and 
Claims  ;  "  Chapter  XX.,  "  Wards  ;  "  Chapter  XXL,  "  Water 
Supply,"  be  and  the  same  are  hereby  adopted  and  declared  to 
be  the  ordinances  of  said  city,  and  shall  take  effect  and  be  in 
force  from  and  after  the  first  day  of  May,  in  the  year  1876  ; 
and  it  is  further  hereby  ordered  that  said  chapters  and  ordi- 
nances, together  with  this  ordinance,  be  forthwith  published 
in  book  form  by  authority  of  the  City  Council  of  said  city. 
Approved,  April  24th,  A.  D.  1876. 

B.  F.  FUNK, 

ATTEST  :  MAYOR. 

WM.  B.  LAWRENCE, 

CITY  CLERK. 

STATE  OF   ILLINOIS,^ 

MCLEAN  COUNTY,         Vss. 
City  of  Bloomington.       ) 

I,  William  B.  Lawrence,  City  Clerk  of  the  City  of  Bloom- 
ington, do  hereby  certify  that  the  above  is  a  true  copy  of  an 
ordinance  entitled,  "  An  ordinance  adopting  the  revised  ordi- 
nances of  the  City  of  Bloomington  and  providing  for  the  pub- 
lication thereof,"  passed  by  the  City  Council  of  the  City  of 
Bloomington,  on  the  24th  day  of  April,  A.  D.  1876,  and 
duly  recorded  upon  the  records  of  said  city,  and  that  the 
original  of  which  the  foregoing  is  a  certified  copy  is  on  file 
in  the  office  of  the  City  Clerk  of  said  city. 

Witness  my  hand  and  the  corporate  seal  of  said  city  this 

24th  day  of  April,  A.  D.  1876. 

WM.  B.  LAWRENCE, 
PL   g  -i  CITY  CLERK. 


PART  II. 


—18 


ACTS  OF  INCORPORATION   OF  THE 
CITY  OF  BLOOMINGTON. 


NUMBER  I. 

An  Act   to    Legalize    the    Incorporation   of   the    City   of 
Bloomington. 

[Approved  June  19,  1852.] 

SECTION  1.  Incorporation  legalized. 

"        2.  Official  acts  legalized. 

3.  Fines. 

"        4.  When  in  force. 

SECTION  1.  INCORPORATION  LEGALIZED.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly  : 
That  the  incorporation  of  the  town  of  Bloomington,  in  Mc- 
Lean County,  as  a  city,  on  the  nineteenth  day  of  February, 
A.  D.,  one  thousand  eight  hundred  and  fifty,  in  pursuance  of 
the  fifth  section  of  an  Act  entitled  "  An  act  to  incorporate 
towns  and  cities,"  passed  February  tenth,  one  thousand  eight 
hundred  and  forty-nine,  be  and  the  same  is  hereby  legalized. 

§  2.  OFFICIAL  ACTS  LEGALIZED.]  That  all  the  official  acts 
of  the  City  Council  and  Mayor,  or  either  of  them,  of 
said  corporation,  done  since  the  election  of  its  members, 
and  which,  in  case  of  the  original  legality  of  said  incorpor- 
ation, would  have  been  according  to  law  up  to  the  period 
when  this  act  shall  take  effect,  be  and  the  same  are  hereby  le- 
galized. 

§  3.  FINES.]  That  hereafter  all  fines  and  forfeitures  col- 
lected for  penalties  incurred  within  the  incorporated  limits  of 
the  said  city  of  Bloomington,  shall  be  paid  into  the  treasury 
of  said  city  by  the  officers  collecting  the  same. 

§  4.  WHEN  IN  FORCE.]  This  act  shall  be  in  force  from  and 
after  its  passage. 


ACTS  OF  INCORPORATION. 
NUMBER  II. 


An  Act  to  Amend  the  Charter  of  the  City  of  Bloomington, 
by  Extending  the  Corporate  Limits  of  the  same. 

[Approved  March  1,  18M  ] 


SECTION  1.    Corporate  limits. 
«        2.    When  in  force. 


SECTION  1.  CORPORATE  LIMITS.]  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly  ;  inat 
hereafter  the  corporate  limits  of  the  city  of  Bloomington  shall 
embrace  a  territory  of  one  and  a  half  miles  square,  extending 
three-fourths  of  a  mile  east,  west,  north  and  south  pi  the 
south-east  corner  of  lot  number  sixty  (60)  in  the  original  town 
of  Bloomington.  . 

§  2.     WHEN  IN  FORCE.]     This  act  to  take  effect  and  be  i 
force  from  and  after  a  survey  of  the  above  named  limits  shall 
have  been  entered  upon  the  records  of  the  said  city  of  Bloom- 
ington. 


NUMBER  III. 

An  Act  to  Legalize  the  Incorporation  of  the  City  of  Blonm- 
ington,  and  for  other  Purposes. 

[Approved  February  M,  1855.] 

SECTION  1.    Incorporation  legalized. 
"        2.    Official  acta  legalized. 
"        3.    Power  of  Council — appeals. 
••        4.    Security  for  costs. 
"        6.    Fines  paid  into  treasury. 
"        6.    Repeal— when  in  force. 

SECTION  1.  INCORPORATION  LEGALIZED.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly  : 
That  the  incorporation  of  the  town  of  Bloomington,  in  Mc- 
Lean County,  as  a  city,  on  the  nineteenth  day  of  February, 
A.  D.,  one  thousand  eight  hundred  and  fifty,  in  pursuance  of 
an  Act  entitled  "  An  Act  to  incorporate  towns  and  cities, 
passed  February  tenth,  one  thousand  eight  hundred  and  forty- 
nine,  be  and  the  same  is  hereby  legalized,  and  the  existence 
and  incorporation  of  the  city  of  Bloomington  shall  be  taken 
and  considered  to  be  valid  in  all  courts  of  this  state  without 
proof  thereof. 

§  2.  OFFICIAL  ACTS  LEGALIZED.]  That  all  the  official  acts, 
proceedings,  ordinances,  and  resolutions  of  the  City  Council 
of  said  city,  since  the  election  of  the  members,  either  before 


ACTS    OP   INCORPORATION.  141 

or  after  the  passage  of  this  act,  and  which  are  not  repug- 
nant to  the  Constitution  of  the  United  States,  or  to  the  Con- 
stitution of  this  State,  shall  be  taken  and  held  to  be  valid, 
legal  and  binding  upon  all  persons  whomsoever. 

§  3.  POWER  OF  COUNCIL— APPEALS.]  The  City  Council  of 
said  city  shall  have  power  and  authority  to  make  rules  and 
regulations  governing  the  proceedings  before  and  processes 
issued  by  the  police  magistrate  of  said  city  for  the  violation 
of  any  ordinance  of  said  city,  and  in  lieu  of  the  appeals  now 
allowed  by  law,  from  the  decision  of  said  police  magistrate,  to 
provide  by  ordinance  for  the  removal  of  causes  tried  before 
the  police  magistrate,  by  appeal  to  the  Circuit  Court  of  McLean 
county,  which  shall  be  tried  in  that  Court  upon  a  bill  of 
exceptions  containing  the  proceedings  and  evidences  before 
the  police  magistrate. 

§  4.  SECURITY  FOR  COSTS.]  In  suits  instituted  by  the  city 
of  Bloomington  for  the  violation  of  the  ordinances  of  said 
city,  security  for  costs  shall  in  no  case  be  required  to  be  given, 
and  change  of  venue  shall  in  no  case  be  allowed  in  such  suits 
from  the  police  magistrate  of  said  city. 

§  5.  FINES  PAID  INTO  TREASURY.]  That  all  fines  and  for- 
feitures for  penalties  incurred  within  the  corporate  limits  of 
said  city  of  Bloomington,  since  the  19th  day  of  June,  A.  D. 
one  thousand  eight  hundred  and  fifty-two,  and  hereafter  shall 
be  paid  into  the  treasury  of  said  city,  by  the  officers  collect- 
ing the  same. 

§  6.  REPEAL — WHEN  IN  FORCE.]  That  so  much  of  any  act 
of  the  legislature  heretofore  passed  as  conflicts  with  the  pro- 
visions of  this  act,  be,  and  the  same  is  hereby  repealed,  and 
this  act  shall  take  effect  from  and  after  its  passage. 


NUMBER  IV. 

An  Act  in  Relation  to  North  Bloomington. 

[Approved  Feb.  13th,  1857.J 

SECTION  1.    Streets  vacated. 
"         2.    Title  to  ground. 
"         3.    Power  to  fence  blocks. 
"         4.    Liability  for  destroying  inclosure. 

SECTION  1.  STREETS  VACATED.]  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly :  That 
so  much  of  Second  and  Third  streets,  of  the  town  of  Bloom- 
ington, as  lies  west  of  the  west  line  of  Broadway,  of  said  town 
be,  and  the  same  is  hereby  vacated. 


142  ACTS   OF   INCORPORATION. 

§  2.  TITLE  TO  GROUNDS.]  Be  it  farther  enacted,  That  the 
title  in  and  to  the  ground  covered  by  the  parts  of  streets  va- 
cated as  aforesaid  be,  and  the  same  is  hereby  vested  in  the 
owner  or  owners  of  the  lots  bounded  or  adjoining  to  the  parts 
of  streets  so  vacated ;  Provided,  however,  that  nothing  herein 
contained  shall  be  so  construed  as  in  any  way  to  prejudice  the 
vested  rights  of  any  person  or  persons  owning  property  front- 
ing on  or  bounded  by  the  parts  of  streets  herein  referred  to. 

§  3.  POWER  TO  FENCE  BLOCKS.]  Be  it  further  enacted,  That 
whenever  the  lot  owners  of  any  block  in  said  town,  as  now 
laid  oft'  or  hereafter  extended  by  additions  thereto,  shall  de- 
sire to  unite  in  planting  sidewalks  or  ornamental  trees  around 
the  same,  it  shall  be  lawful  for  them  to  fence  in  said  blocks  by 
an  inclosure  extending  into  and  embracing  a  part  of  the  streets 
of  said  town ;  said  enclosure  to  be  kept  up  for  a  period  not  ex- 
ceeding five  years  from  the  erection  thereof,  except  by  the 
unanimous  consent  of  the  lot  owners  thereof,  in  which  case  it 
may  be  extended  to  a  period  of  seven  years  :  Provided,  however, 
said  enclosure  shall  not  extend  more  than  fifteen  feet  from  the 
sides  of  the  blocks  so  inclosed  :  And,  Provided,  also,  that  the 
consent  or  co-operation  of  lot  owners  of  the  blocks  thus  in- 
closed shall  be  necessary  thereto. 

§  4.  LIABILITY  FOR  DESTROYING  ENCLOSURE.]  Be  it  further 
enacted,  That  if  any  person  or  persons  owning  a  lot  or  lots  in 
blocks  inclosed  as  aforesaid,  shall  remove  or  destroy  said  en- 
closures, or  shall  suffer  the  same  to  become  insufficint  as  a  pro- 
tection against  large  stock  during  said  term  of  years,  he  or 
they  shall  forfeit  and  pay  to  the  other  owner  or  owners  of  lots 
in  said  blocks,  three  times  the  amount  of  damages  sustained 
thereby,  to  be  recovered  in  an  action  of  trespass,  before  any 
justice  of  the  peace,  or  other  court  having  jurisdiction  thereof. 


NUMBER  V. 

An  Act  to  amend  the  several  Acts,  amendatory  of  the  City 
Charter  of  the  City  of  Bloomington,  by  extending  the  cor- 
porate limits  of  said  city. 

[Approved  Feb.  Ittth,  1857.] 

SECTION  1.    Extension  of  city  limits. 
2.    When  in  force. 

SECTION  1.  EXTENSION  OF  CITY  LIMITS.]  Be  it  enacted  by  the 
People  of  the  Slate  of  Itlinois  represented  in  the  General  Assembly : 
That  for  the  purpose  of  giving  to  the  City  of  Bloomington  juris- 


ACTS   OF   INCORPORATION.  143 

diction  over  a  part  of  Sugar  Creek,  the  western  boundary  of 
said  city  shall  be  extended  as  follows  :  Beginning  at  the  west 
boundary  of  said  city,  in  the  center  of  Market  street ;  running 
thence  west  along  the  center  of  the  Peoria  road  to  the  west 
end  of  Sugar  Creek  bridge  ;  thence  in  a  northerly  direction 
along  the  west  bank  of  said  Sugar  Creek  to  the  center  of  sec- 
tion (32),  town  24  north,  of  range  2  east :  thence  due  east  one 
mile,  to  the  center  of  section  (33),  town  and  range  aforesaid  ; 
thence  due  south,  to  the  north  boundary  of  said  city  :  Pro- 
vided, That  all  farming  land  not  laid  off  in  lots,  within  the 
aforesaid  boundaries,  shall  be  exempt  from  city  taxation  :  and 
provided  also,  That  nothing  in  this  shall  authorize  the  city  of 
Bloomington,  in  any  way  to  interfere  with  the  vested  rights 
of  the  St.  Louis,  Alton  and  Chicago  Railroad  Company  to  the 
use  of  the  water  of  said  Sugar  Creek. 

§  2.     WHEN  IN  FORCE.]     This  act  to  take  effect  and  be  in 
force  from  and  after  its  passage. 


•J44  ACTS   OF   INCORPORATION. 


NUMBER  VI. 

An  Act  to  grant  and  establish  a  City  Charter  for  the  City  of 
Bloomington. 

[In  force  Feb  13th,  1861.] 

SECTION  1.  Name  and  style. 

"        2.  Corporate  limits. 

"        3.  Corporate  powers. 

"        4.  Municipal  officers. 

"        6.  Other  officers. 

"        6.  How  selected. 

"        7.  City  election. 

"         8.  Term  of  office. 

"        9.  New  election. 

"       10.  Notice  of  election. 

"       11.  How  conducted. 

"       12.  Qualification  of  voters. 

"       13.  Aldermen. 

"       14.  Duties  of  Council. 

"       15.  Rules  of  the  Council. 

"       16.  Aldermen,  when  not  eligible. 

"       17.  The  Mayor. 

"       18.  Qualifications. 

"       19.  Exhibit  of  official  books. 

•'       20.  Ordinances. 

"       21.  Power  of  Mayor. 

22.  Acting  Mayor. 

23.  Duties  of  City  Clerk. 

24.  Treasurer's  duties. 

25.  Exhibit— Order. 

26.  The  Marshal's  duties.  / 

27.  Assessor. 

28.  Collector. 

29.  Compensation. 
80.    Recovery  of  fines. 

31.  Court  fees. 

32.  Miscellaneous  powers  of  the  City  Council. 
83.    Suits  at  law. 

34.  Ordinances. 

36.  Road  tax. 

86.  Bribes,  etc. 

87.  Ordinances  to  remain  in  force. 

38.  Prosecutions. 

39.  Property  and  officers. 

40.  Saving  clause. 

"       41.    Conservators  of  peace. 

"       42.    Construction— act  deemed  Public. 

SECTION  1.  NAME  AND  STYLE.]  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly :  That 
the  inhabitants  of  the  city  of  Bloomington,  in  McLean  County, 
Illinois,  be  and  they  are  hereby  constituted  a  body  politic  and 
corporate,  by  the  name  and  style  of  "  The  City  of  Bloomington," 
and  by  that  name  shall  have  perpetual  succession,  and  may 
have  or  not  have  a  common  seal,  which  they  may  change, 
alter,  or  abolish,  at  pleasure. 

§  2.  CORPORATE  LIMITS.]  The  corporate  limits  of  the  city 
of  Bloomington  shall  embrace  a  territory  of  one  and  a  half 
miles  square,  extending  three-quarters  of  a  mile  east,  west, 


ACTS   OF    INCORPORATION.  145 

north  and  south,  of  the  south-east  corner  of  lot  number  sixty 
in  the  original  town  of  Bloomington,  and  shall  also  include  all 
town  plats  and  additions  adjoining  the  above  prescribed 
limits ;  and  whenever  any  tract  of  land  adjoining  the  said 
limits,  or  any  addition  to  said  city,  shall  be  laid  off  into  town 
lots,  and  the  plat  thereof  recorded,  the  same  shall  be,  and 
form  a  part  of,  the  city  of  Bloomingtoii,  as  fully  as  if  within 
the  original  corporate  limits. 

§  3.  CORPORATE  POWERS.]  The  inhabitants  of  said  city,  by 
the  name  and  style  aforesaid,  shall  have  power  to  sue  and  be 
sued,  to  implead  and  be  impleaded,  to  defend  and  be  defended, 
in  all  courts  of  law  and  equity,  and  in  all  actions  whatever; 
to  purchase,  receive,  and  hold,  lease,  sell,  convey  and  dispose 
of  property,  real  and  personal,  within  and  beyond  the  corpo- 
rate limits,  for  public  purposes,  for  the  use  of  the  inhabitants 
of  the  city,  and  to  improve  and  protect  such  property,  and  to 
do  all  other  things  in  relation  thereto  as  natural  persons. 

§  4.  MUNICIPAL  OFFICERS.]  The  municipal  government  of 
the  city  shall  consist  of  a  Mayor,  and  City  Council  com- 
posed of  one  alderman  from  each  ward  of  the  city  ;  Provided, 
That  if  at  any  general  municipal  election  a  majority  of  all 
the  voters  at  said  election  shall,  in  such  manner  as  the  Coun- 
cil may  prescribe,  vote  in  favor  of  a  representation  of  two  al- 
dermen from  each  ward;  then  the  Council  shall  be  com- 
posed of  two  aldermen  from  each  ward ;  and  the  Council  shall 
order  a  special  election  for  the  additional  aldermen. 

§  5.  OTHER  OFFICERS.]  There  shall  be  a  City  Clerk,  a 
Treasurer,  a  Street  Commissioner,  an  Assessor,  a  Collector, 
a  Marshal,  a  Chief  Engineer  of  the  Fire  Department,  and  such 
other  officers  as  the  Council  may  deem  necessary  from  time 
to  time  to  appoint. 

§  6.  How  ELECTED.]  The  Mayor,  aldermen,  Treasurer, 
Street  Commissioner,  and  all  other  officers  of  said  corporation, 
shall  be  elected  by  the  qualified  voters  of  said  city. 

§  7.  CITY  ELECTION.]  An  election  shall  be  held  in  said 
city  on  the  third  Monday  in  April,  A.  D.,  1861,  and  at  the 
same  time  in  each  year  thereafter,  to  elect  a  Mayor,  Clerk, 
Treasurer  and  Street  Commissioner,  and  aldermen  in  the 
proper  wards.  The  person  having  the  highest  number  of 
votes  for  the  respective  officers,  shall  be  declared  elected.  At 
the  election  in  April,  A.  D.  1861,  aldermen  shall  be  elected  in 
wards  number  one  and  two  as  now  constituted,  and  the  alder- 
men now  elected  from  wards  number  three  and  four  shall  hold 
over  during  their  full  term. 
—19  " 


146  ACTS   OF   INCORPORATION. 

§  8.  TERM  OF  OFFICE.]  The  Mayor,  Clerk,  Treasurer,  and 
Street  Commissioner,  shall  respectively  hold  their  offices  for 
one  year,  and  the  aldermen  for  two  years.  All  the  other  officers 
mentioned  or  provided  for  in  this  act,  or  by  ordinance  of  said 
city,  shall  hold  their  respective  offices  during  the  pleasure  ot 
the  Council.  Officers  elected  to  fill  vacancies  shall  hold  for 
the  unexpired  term  only. 

§  9.  NEW  ELECTION.]  In  case  the  people  shall  fail  to  elect 
any  of  the  officers  herein  required  to  be  elected,  the  Council 
shall  forthwith  order  a  new  election  for  such  office,  and  when 
any  vacancy  shall  occur  by  death,  resignation,  removal  or  oth- 
erwise of  any  officers  elected  by  the  people,  except  aldermen, 
such  vacancy  shall  be  filled  by  a  new  election  within  ten  days 
after  the  vacancy  occurs ;  unless  nine  mouths  of  the  term  of 
office  has  expired,  in  which  case  the  Council  may  fill  such 
office  by  appointment.  Any  vacancy  in  the  Council  shall  be 
immediately  filled  by  a  new  election  in  the  proper  ward. 

§  10.  NOTICE  OF  ELECTION.]  The  Council  shall,  previous 
to  any  election  under  this  charter,  give  notice  of  such  election 
by  publication  in  a  newspaper  published  in  the  city,  or  by 
printed  notices  in  each  ward,  or  by  both. 

§  11.  How  CONDUCTED.]  The  Council  shall  have  power  to 
regulate  elections  and  to  appoint  judges  thereof.  Voting 
shall  be  by  ballot,  and  the  judges  of  election  shall  take  the 
same  oath  and  have  the  same  power  and  authority  and  be  sub- 
ject to  the  same  penalties  as  judges  at  general  elections  under 
the  State  laws.  The  ballots  shall  be  counted  in  the  manner 
provided  by  general  law,  the  returns  shall  be  delivered  seak><l , 
to  the  City  Clerk,  within  one  day  after  the  election,  and  the 
Council  shall,  within  three  days  after  said  election,  meet  and 
canvass  the  votes,  and  declare  the  result  of  th«  election.  All 
persons  elected  or  appointed  to  office  shall  qualify  within 
twenty  days  thereafter,  otherwise  the  office  shall  become  va- 
cant. 

§12.  QUALIFICATION  OF  VOTERS."!  Every  person  entitled  to 
vote  at  the  general  State  elections,  who  has  been  resident  in  the 
city  six  months,  and  an  actual  resident  of  the  ward  in  which 
he  proposes  to  vote,  for  thirty  days  immediately  preceding 
the  municipal  election,  or  who,  if  required  by  the  judge  or 
qualified  voter,  shall  take  the  following  oath":  "I  swear  (or 
affirm)  that  I  am  of  the  age  of  twenty-one  years,  that  I  am  a 
citizen  of  the  United  States,  (or  was  a  resident  of  this  State  at 
the  time  of  the  adoption  of  the  constitution,  and  have  been  a 
resident  of  this  State  one  year,  and  a  resident  of  this  city  six 
months  immediately  preceding  this  election,  and  am  now  and 


ACTS   OF   INCORPORATION.  147 

have  been  for  the  last  thirty  days  past  a  resident  of  this  ward, 
and  have  not  voted  at  this  election,"  shall  be  a  qualified  voter 
at  all  municipal  elections  :  Provided,  That  the  voter  shall  be 
deemed  a  resident  of  the  ward  in  which  he  is  accustomed  to 
lodge.  All  persons  not  entitled  to  vote  at  any  election  held 
under  this  act  or  the  ordinance  of  the  city  in  pursuance  here- 
of, shall  be  punishable  according  to  the  laws  of  this  State. 

§  13.  ALDERMEN.]  No  person  shall  be  an  alderman  unless 
he  is  a  citizen  of  the  United  States,  twenty-one  years  of  age, 
and  at  time  of  his  election  shall  have  resided  one  year  within 
the  limits  of  the  city.  And  if  any  alderman  shall,  after  his 
election,  remove  from  the  ward  for  which  he  is  elected,  his  office 
shall  thereby  be  vacated. 

§14.  DUTIES  OF  COUNCIL.]  The  Council  shall  judge  of  the 
qualification  and  election  of  its  members,  and  shall  hear  and 
determine  all  contested  elections  under  this  act,  and  its  decision 
shall  be  final.  A  majority  of  the  Council  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers under  such  penalties  as  may  be  prescribed  by  ordinance. 

§  15.  RULES  OF  THE  COUNCIL.]  The  Council  shall  have 
power  to  determine  and  fix  the  time  of  its  meetings,  the  rules 
of  its  proceedings,  punish  its  members  for  disorderly  conduct, 
and  with  the  concurrence  of  two-thirds  of  its  members  elected, 
expel  a  member.  A  journal  of  the  Council  proceedings  shall 
be  kept,  and  the  yeas  and  nays,  when  demanded  by  any  mem- 
ber present,  shall  be  entered  on  the  journal. 

§  16.  ALDERMEN — WHEN  NOT  ELIGIBLE.]  No  alderman  shall 
be  appointed  to  any  office  under  the  authority  of  the  city, 
which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  the  time  for  which  he  shall 
have  been  elected. 

§  17.  THE  MAYOR.]  The  Mayor  shall  be  the  chief  execu- 
tive officer  of  the  city.  He  shall  preside  at  the  meetings  of 
the  Council,  preserve  order  and  direct  the  course  of  business 
before  the  Council,  and  in  case  of  a  tie  in  any  vote  thereof 
shall  give  the  casting  vote  ;  and  he  shall  be  the  head  of  the 
police  and  fire  departments,  and  all  marshals,  deputy  mar- 
shals, policemen,  and  all  officers  of  the  fire  department,  shall 
be  under  his  command. 

§  18.  QUALIFICATIONS.]  No  person  shall  be  eligible  to  the 
office  of  Mayor  who  is  not  a  citizen  of  the  United  States,  and 
who  shall  not  have  been  a  resident  of  the  city  for  two  years 
next  preceding  his  election,  or  who  shall  be  under  twenty-one 
years  of  age.  "if  the  Mayor  removes  from  the  city  his  office 
shall  be  vacated. 


148  ACTS   OF  INCORPORATION. 

§  19.  EXHIBIT  OF  OFFICIAL  BOOKS.J  The  Mayor  is  hereby 
authorized  to  call  on  any  and  all  white  male  inhabitants  of  the 
city  or  county,  over  the  age  of  eighteen  years,  to  aid  in  enforc- 
ing the  laws  of  the  State  or  ordinances  of  the  city  ;  and  in  case 
ofriot  to  call  out  the  militia  to  assist  in  suppressing  the  same, 
or  carrying  into  effect  any  law  or  ordinance.  And  any  per- 
son who  shall  not  obey  such  call,  shall  forfeit  and  pay  to  said 
city  a  fine  of  five  dollars.  He  shall  have  power  whenever  he 
may  deem  it  necessary,  to  require  of  any  of  the  officers  of  the 
city  an  exhibit  of  all  their  official  books  and  papers,  and  shall 
have  power  to  execute  all  duties  that  may  be  required  of  him 
by  this  act,  or  any  ordinance  made  in  pursuance  hereof. 

§  20.  ORDINANCES.]  All  ordinances,  before  they  take 
effect,  shall  be  placed  in  the  office  of  the  Clerk,  and  if  the 
Mayor  approve  thereof  he  shall  sign  the  same,  and  such  as  he 
may  not  approve  he  shall  return  to  the  Council  at  the  next 
meeting  thereafter,  with  his  objections  thereto.  Upon  the  re- 
turn of  any  such  ordinance  by  the  Mayor,  the  vote  by  which 
the  same  was  passed  shall  be  reconsidered,  and  if  after  such 
reconsideration  a  majority  of  all  the  aldermen  elected  shall 
agree  by  the  ayes  and  nays,  which  shall  be  entered  upon  the 
journal,  to  pass  the  same,  it  shall  go  into  effect ;  and  if  the 
Mayor  shall  neglect  to  approve  or  object  for  a  longer  period 
than  ten  days  after  an  ordinance  shall  be  placed  in  the  clerk's 
office  as  aforesaid,  the  same  shall  go  into  effect. 

§  21.  POWER  OF  MAYOR.]  The  Mayor  shall  ex-qfficio  have 
power  to  administer  any  oath  required  to  be  taken  by  this  act 
or  any  law  of  the  State,  to  take  depositions,  acknowledge 
deeds,  mortgages,  and  all  other  instruments  of  writing,  and 
certify  the  same  under  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law. 

§  22.  ACTING  MAYOR.]  In  case  the  Mayor  is  unable  to 
perform  the  duties  of  his  office,  by  reason  of  temporary  or 
continued  absence  or  sickness,  the  Council  shall  appoint  one 
of  its  members  to  preside  over  their  meetings,  whose  official 
designation  shall  be  "  Acting  Mayor,"  and  the  alderman  so 
appointed  shall  be  vested  with  all  the  powers  and  perform  all 
the  duties  of  Mayor  until  the  Mayor  shall  assume  his  office 
or  the  vacancy  be  filled  by  a  new  election. 

23.  DUTIES  OF  CITY  CLERK.]  The  Clerk  shall  keep  the 
corporate  seal  and  all  the  books  and  papers  belonging  to  the 
city.  He  shall  attend  at  the  meetings  of  the  Council  and 
keep  a  full  record  of  its  proceedings.  Copies  of  all  ordinances 
and  papers  filed  in  his  office,  and  transcripts  from  the  jour- 
nal of  the  proceedings  of  the  Council  certified  by  him  as 


ACTS   OP   INCORPORATION.  149 

Clerk,  shall  be  evidence  in  all  courts  and  places  without  fur- 
ther proof  thereof  and  in  like  manner  as  if  the  originals  were 
produced.  Trie  Clerk  shall  draw  all  warrants  on  the  treasury, 
as  provided  by  ordinance,  and  keep  an  accurate  account 
thereof  in  a  book  provided  for  that  purpose.  He  shall  keep 
an  accurate  account  of  all  receipts  and  expenditures  in  such 
manner  as  the  Council  may  direct  and  he  shall  have  power  to 
administer  any  oath  required  to  be  taken  by  this  act. 

§  24.  TREASURER'S  DUTIES.]  The  Treasurer  shall  receive 
all  moneys  belonging  to  the  city,  and  shall  keep  an  accurate 
account  of  all  receipts  and  expenditures  in  such  manner  as  the 
Council  may  direct.  All  moneys  shall  be  drawn  from  the  city 
treasury  in  pursuance  of  an  order  of  the  Council  by  treasury 
warrant,  signed  by  the  Clerk  and  Mayor,  and  such  warrant 
shall  specify  for  what  purpose  the  amount  therein  named  is  to 
be  paid. 

§  25.  EXHIBIT — ORDER.]  The  Treasurer  shall  exhibit  to 
the  Council  as  often  as  required  a  full  and  detailed  account  of 
all  receipts  and  expenditures,  the  state  of  the  treasury  and  the 
state  of  each  special  fund  therein,  which  account  shall  be  filed 
in  the  office  of  the  Clerk,  and  on  retiring  from  office  the  Treas- 
urer shall  deposit  his  account  books  in  the  office  of  the  City 
Clerk,  where  they  shall  be  kept  as  public  records  of  the  city. 

§  26.  THE  MARSHAL'S  DUTIES.]  The  Marshal  and  deputy 
marshal  shall  perform  all  such  duties  as  may  be  provided  by 
ordinance,  and  they  shall  possess  the  same  powers  and  per- 
form the  same  duties,  within  the  limits  of  the  city,  as  consta- 
bles in  the  different  counties  possess;  and  may  serve  any  pro- 
cess issuing  under  and  by  virtue  of  this  act,  or  the  ordinances 
and  by-laws  of  said  city  at  any  place  within  the  county  of 
McLean. 

§  27.  ASSESSOR.]  The  City  Assessor  shall  perform  all 
duties  in  relation  to  the  assessing  of  property  for  the  pur- 
pose of  levying  taxes  imposed  by  the  Council.  In  the  per- 
formance of  his  duty  he  shall  have  the  same  powers  as  are 
or  may  be  given  by"  law  to  county  or  town  assessors,  and  be 
subject  to  the  same  liabilities. 

§  28.  COLLECTOR.]  The  City  Collector  shall  collect  all 
taxes  and  assessments  which  may  be  levied  by  the  Council, 
and  perform  such  other  duties  as  may  be  prescribed  by  ordi- 
nance. The  Council  may  appoint  township  assessors  and  col- 
lectors to  assess  and  collect  for  the  city. 

§  29.  COMPENSATION.]  The  Council  shall  have  power  from 
time  to  time,  by  regular  ordinance,  to  fix  the  compensation, 
prescribe  the  duties  of,  and  to  require  further  and  other  duties, 


150  ACTS   OF   INCORPORATION. 

of  all  officers  elected  or  appointed  under  this  act :  Provided, 
The  compensation  of  any  person  elected  to  any  office,  made 
elective  bv  this  act,  shall  not  he  increased  or  diminished  dur- 
ing his  term  of  office. 

§  30.  RECOVERY  OF  FINES.]  All  suits  or  actions  tor  the  re- 
covery of  any  tine,  penalty,  or  forfeiture,  arising  under  this 
act,  or  the  ordinances  of  the  city,  where  the  amount  sued  for 
in  controversy  does  not  exceed  one  hundred  dollars,  may  be 
brought  before  any  police  magistrate  of  the  city,  or  be- 
fore any  justice  of  the  peace  in  the  city  designated  by  the 
Council :  Provided,  That  police  magistrates  and  police  con- 
stables, when  elected  under  any  law  of  this  State,  and  all  jus- 
tices of  the  peace  designated  by  the  Council  and  called  upon 
to  act  under  any  ordinance,  shall  in  addition  to  the  bond  now 
required  by  the  laws  of  this  State  enter  into  bond  to  the  City 
of  Bloomington  in  such  sum  as  the  Council  may  direct,  bind- 
ing them  to  make  their  report,  and  pay  over  to  the  Treasurer 
alf  moneys  which  may  come  into  their  hands  belonging  to  the 
city,  and  to  obey  and  conform  to  such  police  regulations  as 
may  be  established  by  the  Council. 

§  31.  COURT  FEES.]  In  all  prosecutions  or  suits  brought 
by  the  City  of  Bloomington  for  the  violation  of  any  ordinance, 
by-law  or  police  regulation,  the  said  city  shall  be  exempt  from 
all  court  fees  to  the  same  extent  as  the  State,  by  the  laws 
thereof,  is  in  criminal  prosecutions. 

§  32.  MISCELLANEOUS  POWERS  OF  THE  CITY  COUNCIL.]  In 
addition  to  the  powers  hereinbefore  mentioned,  the  Council 
shall  have  power  by  ordinance — 

First — To  levy  and  collect  annually  taxes  not  exceeding  five 
mills  to  the  dollar  on  the  assessed  value  of  all  real  and  personal 
estate  and  property  within  the  city  made  taxable  by  the  laws 
of  the  State,  and  in  its  own  manner  provide  for  the  levy  of, 
assessment,  and  collection  of  city  taxes  and  assessments,  not 
inconsistent  with  the  constitution  of  the  State,  and  to  alter 
and  change  any  such  provisions  as  it  may  from  time  to  time 
deem  proper ;  to  prescribe  the  form  of  assessment  lists,  and 
make  such  regulations  in  relation  to  revising,  altering,  or  add- 
ing thereto,  as  it  may  deem  right  and  proper ;  to  provide  that 
the  city  taxes  and  general  and  special  assessments  shall,  by  the 
proper  officers  of  the  county  of  McLean,  be  carried  out  on  the 
books  of  the  proper  township  collectors,  whose  several  town- 
ships embrace  the  City  of  Bloomington,  to  be  by  them  col- 
lected in  same  manner  and  at  same  time  as  State  and  county 
taxes,  to  be  paid  over  to  such  person  as  the  Council  may  order 
or  provide  ;  and  that  delinquent  lands  or  lots  shall  be  returned 


ACTS   OP   INCORPORATION.  151 

to  the  County  Treasurer,  or  other  officer  designated  by  general 
laws,  who  shall  proceed  with  the  collection  thereof  in  the  same 
manner  and  at  the  same  time  as  he  collects  State  and  county 
taxes,  and  shall  pay  the  same  over  tb  such  person  as  the  Coun- 
cil may  direct.  All  taxes  and  assessments,  general  or  special, 
levied  or  assessed  under  this  act,  or  any  ordinance  in  pursu- 
ance hereof,  shall  be  a  lien  on  all  the  real  estate  upon  which  the 
same  may  be  imposed,  levied  or  assessed,  for  two  years  from 
and  after  the  assessment  thereof,  and  on  personal  property 
from  and  after  the  delivery  of  the  warrant  for  collection,  until 
paid. 

Second — To  require  all  officers  appointed  in  pursuance  of 
this  charter  to  give  bonds,  with  penalty  and  security,  and  take 
an  oath  for  the  faithful  performance  of  the  duties  of  their  re- 
spective offices,  upon  entering  upon  the  discharge  of  the  same. 

Third— /To  make  any  and  all  regulations  necessary  to  secure, 
protect,  preserve,  and  restore  the  general  health,  and  to  pre- 
vent the  introduction  of  contagious  diseases  into  the  city ;  to 
make  quarantine  laws  for  that  purpose,  and  to  enforce  the 
same. 

Fourth — To  appropriate  and  provide  for  the  payment  of  the 
debts  and  expenses  of  the  city. 

fifth — To  declare  what  shall  be  a  nuisance,  and  to  prevent, 
abate,  and  remove  the  same. 

Sixth — To  provide  the  city  with  water,  for  the  extinguish- 
ment of  fire  and  the  convenience  of  the  inhabitants,  in  such 
manner  as  it  may  deem  best. 

Seventh — To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave,  or  otherwise  improve  and  keep  in  repair  streets, 
avenues,  lanes,  and  alleys;  to  make,  establish,  build  and  con- 
struct sewers,  and  to  carry  out  a  system  of  sewerage ;  to 
drain  the  city,  and  to  take  private  property  for  any  of  said 
purposes,  first  making  provision  for  ascertaining  and  pay- 
ment of  adequate  and'just  compensation  for  all  damages  to 
the  owners  of  such  property,  in  such  manner  as  the  Council, 
may  by  ordinance  provide,  and  to  require  the  owners  of  any 
lot  or  piece  of  ground  to  lay  a  good  and  substantial  sidewalk 
along  any  street  or  alley  passing  such  lot  or  ground,  in  such 
manner  as  the  Council  may  provide.  The  expenses  of  any 
improvement  mentioned  in  the  seventh  division  of  this  sec- 
tion, except  sidewalks,  shall  be  levied  and  assessed  upon  the 
real  estate  adjoining  or  benefited  thereby,  with  the  cosl 
proceeding  therein,^  proportion,  as  nearly  as  may  be,  to  the 
benefits  resulting  thereto,  and  shall  be  collected  as  m  < 
cases.  All  owners  or  occupants  in  front  of,  or  upon,  whose 


152  ACTS   OF  INCORPORATION. 

premises  the  Council  shall  order  and  direct  sidewalks  or  pri- 
vate drains,  communicating  with  any  main  drain,  to  be  con- 
structed, repaired,  relaid,  or  cleansed,  shall  make,  repair,  re- 
lay or  cleanse,  such  sidewalks  or  private  drains  at  their  own 
cost  and  charges,  in  the  manner,  and  within  the  time  pre- 
scribed by  ordinance  or  otherwise,  and  if  not  done  in  the 
manner,  and  within  the  time  prescribed,  the  Council  may 
cause  the  same  to  be  constructed,  repaired,  relaid,  or  cleansed, 
and  assess  the  expense  thereof  by  an  order  to  be  entered 
in  their  proceedings  upon  such  lots  respectively,  and  col- 
lect the  same  as  in  other  cases.  The  Council  may  pro- 
vide, by  ordinance,  that  suits  may  be  instituted  in  any  court 
having  jurisdiction  against  the  respective  owners  of  any  real 
estate  for  the  recovery  of  the  amount  of  the  expenses  and 
costs  of  any  special  tax  or  assessment  authorized  by  the 
seventh  division  of  this  section,  and  it  may  be  optional  with 
the  Council,  which  remedy  shall  be  pursued. 

Eighth. — To  change  the  boundaries  of  any  ward,  and  es- 
tablish ue\v  wards  and  provide  for  the  election  of  aldermen. 

Ninth — To  provide  for  lighting  the  streets,  keeping  the 
same  in  repair,  and  to  prohibit  obstructions  and  nuisances  in 
any  street  or  alley. 

Tenth — To  erect  market  houses,  to  establish  markets  and 
market  places,  and  provide  for  the  government  and  regula- 
tions thereof. 

Eleventh — To  provide  for  erecting  all  needful  buildings  for 
the  use  of  the  city  ;  to  license,  tax,  and  regulate  auctions, 
merchants,  retailers,  grocers,  taverns,  hawkers,  peddlers, 
brokers,  pawnbrokers,  and  money-changers,  hackney  car- 
riages, wagons,  carts,  and  drays,  and  to  fix  the  rates  to  be 
charged  for  the  carriage  of  persons,  and  for  the  wagonage, 
cartage  and  dray  age  of  property. 

Twelfth — To  license  and  regulate  porters,  and  fix  the  rates 
of  porterage. 

Thirteenth — To  license,  tax  and  regulate  theatrical  and 
other  exhibitions,  shows  and  amusements. 

Fourteenth — To  tax,  restrain,  prohibit,  and  suppress  tippling 
houses  and  dram  shops;  to  prohibit  and  suppress  gaming, 
gambling,  gaming  houses,  bawdy  houses,  and  all  disorderly 
house*. 

Fifteenth — To  license,  or  entirely  prohibit  the  sale  of  spirit- 
ous,  vinous,  mixed,  malt,  or  fermented  liquors,  within  the 
limits  of  the  city,  by  any  person  or  persons. 

/,<.,////  —To  provide  for  the  prevention  and  extinguishment 
of  tires,  and  to  organize,  establish,  and  support  fire  companies. 


ACTS   OP    INCORPORATION.  153 

Seventeenth — To  provide  for  the  prevention  and  suppression 
of  riots,  routs,  unlawful  assemblages,  and  any  disturbance  of 
the  public  peace,   and  punish,   by  fine,   all    persons    guilty 
thereof. 

Eighteenth — To  regulate  the  storage  of  gunpowder,  tar, 
pitch,  rosin,  and  other  combustible  materials  ;  to  compel  the 
owner  or  occupant  of  any  grocery,  cellar,  soap,  or  tallow  can- 
dlery,  blacksmith,  tannery,  stable,  slaughter  house,  distillery, 
brewery,  sewer,  privy,  or  other  unwholesome  or  nauseous 
house,  or  place,  to  cleanse,  remove,  or  abate  the  same,  as  may 
be  necessary  for  the  health,  comfort,  and  convenience  of  the 
inhabitants  affected  thereby. 

Nineteenth — To  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  breweries,  tanneries,  blacksmith 
shops,  foundries,  livery  stables,  and  packing  houses  ;  to  direct 
the  location  and  regulate  the  management  and  construction 
of,  and  restrain,  abate,  and  prohibit,  within  the  city,  and  to 
the  distance  of  one  mile  from  the  limits  thereof,  slaughtering 
establishments,  establishments  for  steaming  or  rendering 
lard,  tallow,  offal,  and  such  other  substances  as  may  be 
rendered ;  and  all  other  establishments  and  places  where  any 
nauseous,  offensive,  or  unwholesome  business  may  be  carried 
on  or  conducted. 

Twentieth — To  direct  and  control  the  laying  and  construc- 
tion of  railroads,  bridges,  turnouts,  switches  in  the  streets 
and  alleys,  and  the  location  of  depot  grounds  within  the  city ; 
to  require  railroad  companies  to  keep  in  repair  and  to  light 
the  streets  and  alleys  through  which  their  tracks  may  run, 
and  construct,  and  keep  in  repair,  and  unobstructed  suitable 
crossings  at  the  intersections  of  their  roads  with  streets, 
alleys,  ditches,  sewers,  and  culverts ;  to  direct  the  use  and 
regulate  the  speed  of  locomotive  engines  within  the  inhabited 
portions  of  the  city ;  to  prohibit  and  restrain  railroad  com- 
panies from  doing  storage  or  warehouse  business,  or  collect- 
ing pay  for  storage. 

ywenty-frst — To  regulate  the  conduct  of  persons  present  at 
any  fire  in  said  city,  and  to  provide  for  punishing  any  person 
for  disobeying  such  regulations;  to  require  all  male  inhabi- 
tants over  twenty-one  years  of  age,  and  under  fifty,  to  pay  an 
annual  street  tax,  not  exceeding  three  dollars,  and  to  provide 
for  the  collection  of  said  tax. 

Twenty-second — To  regulate,  establish  and  order  party  walls 
and  partition  fences. 

Twenty-third— To  establish  and  regulate  standard  weights  and 
measures  in  all  cases  not  otherwise  provided  by  law. 
—20 


154  ACTS   OF   INCORPORATION. 

Twenty-fourth— To  provide  for  the  inspection  and  measure- 
ment of  lumber  and  other  building  material,  and  for  the  meas- 
urement of  all  kinds  of  mechanical  work,  and  to  provide  for  the 
inspection  and  weighing  of  hay,  stone,  coal,  charcoal,  firewood, 
and  other  fuel,  to  he  sold  or  used  within  the  city,  and  to  pro- 
vide for  and  regulate  the  inspection  of  tobacco,  beef,  pork, 
flour,  meal,  and  spirituous  liquors  of  all  kinds  brought  to  the 
city  for  sale,  and  to  regulate  the  weights,  quality,  and  price 
of  bread  to  be  sold  and  used  in  the  city. 

Twenty-fifth— To  provide  for  the  taking  enumerations  of  the 
inhabitants  of  the  city. 

Twenty-sixth— To  regulate  the  fees  of  jurors,  witnesses,  and 
others  for  services  rendered  under  this  act  or  any  ordinance  ; 
to  prohibit  horse  racing  and  immoderate  riding  or  driving  in 
the  streets;  to  prohibit  and  punish  the  abuse  of  animals;  to 
restrain  and  punish  vagrants  and  street  beggars ;  to  establish 
and  regulate  public  pounds;  to  restrain  and  prohibit  the  run- 
ning at  large  of  horses,  mules,  cattle,  sheep,  swine,  and  goats, 
anof  to  authorize  the  distraining  and  impounding  and  sale  of 
the  same  for  the  costs  of  the  proceeding  and  penalty  incurred  ; 
to  tax,  regulate,  restrain,  and  prohibit  the  running  at  large  of 
dogs,  and  to  authorize  their  destruction  when  at  large,  contra- 
ry to  ordinance  ;  to  provide  for  the  safety  and  convenience  of 
the  inhabitants  and  other  persons  of  the  city,  by  prohibiting 
all  acts,  sports,  or  amusements  in  the  streets  or  public  places 
of  the  city  of  a  dangerous  character;  to  provide  for  the  pun- 
ishment of  offenders  by  imprisonment  in  the  county  or  city 
jail,  and  by  requiring  them  to  work  on  the  streets  of  said  city 
in  all  cases  where  such  offenders  shall  fail  or  refuse  to  pay  any 
fine  or  forfeiture  recovered  against  them. 

Twenty-seventh — To  regulate  the  police  of  the  city  ;  to  impose 
fines,  forfeitures,  and  penalties  for  the  breach  of  any  ordinance, 
and  provide  for  the  recovery  and  appropriation  of  such  fines 
and  forfeitures  and  the  enforcement  of  such  penalties. 

Tiventy-eighth — To  license,  regulate,  suppress  and  restrain 
billiard  tables,  and  from  one  to  twenty-pin  alleys  ;  to  audit  all 
accounts  and  claims  against  the  city,  and  require  the  creditor 
or  claimant  to  verify  his  account  or  claim  by  his  own  oath  or 
the  oath  of  some  other  person. 

Twenty-ninth — To  make  all  ordinances  which  shall  be  in  any 
wise  necessary  and  proper  for  carrying  into  execution  the 
powers  specified  in  this  act  and  to  perform  and  enforce  penalties 
for  the  violation  thereof,  so  that  such  ordinance  be  not  repug- 
nant to  or  inconsistent  with  the  constitution  of  the  United 
States  or  this  State. 


ACTS    OP   INCORPORATION.  155 

§  33.  SUITS  AT  LAW.]  The  Council  may,  by  ordinance, 
provide  that  in  all  suits  brought  for  the  violation  of  any  ordi- 
nance or  the  recovery  of  any  fine  under  this  act,  before  the 
police  magistrate  or  other  officer,  the  first  process  shall  be  a 
warrant  for  the  immediate  apprehension  of  the  offender,  and 
may  further  provide  that  no  change  of  venue  shall  be  taken 
from  such  police  magistrate  or  justice  of  the  peace,  selected 
by  the  city  as  hereinbefore  provided,  and  that  no  appeal  shall 
be  taken  from  any  such  justice  of  the  peace  or  police  magis- 
trate, except  upon  bond  given  audthe  proceedings  and 
testimony  reduced  to  writing  as  a  bill  of  exceptions, 
signed  by  the  said  magistrate  or  other  officer,  and  the  ap- 
pellate court  shall  try  said  appeal  on  the  proceedings  and  evi- 
dence embodied  in  said  bill  of  exceptions,  and  none  other. 
The  style  of  the  ordinances  of  the  city  shall  be  be,  "Be  it  or- 
dained by  the  City  Council  of  the  city  of  Bloomington  ;"  and 
all  ordinances  passed  by  the  Council  shall,  within  one  month 
after  they  have  been  passed,  be  published  in  some  newspaper 
published  in  in  the  city,  and  shall  not  be  in  force  until  they 
shall  have  been  published  as  aforesaid. 

§  34.  ORDINANCES.]  All  ordinances  of  the  city  may  be 
proven  by  a  copy  thereof,  certified  by  the  Clerk,  under  his 
hand  and  the  corporate  seal  of  the  city,  if  there  be  one,  and 
when  printed  or  published  in  book  or  pamphlet  form  by  authori- 
ty of  the  corporation,  the  same  shall  be  received  in  evidence 
in  all  courts  and  places  without  further  proof;  and  the  Coun- 
cil shall  cause  all  ordinances  of  the  city  then  in  force  to  be  re- 
vised and  published  in  book  or  pamphlet  form  within  twelve 
months  after  the  passage  of  this  act. 

§  35.  ROAD  TAX.]  The  inhabitants  of  the  city  of  Bloom- 
ington shall  be  exempt  from  any  highway,  road  or  bridge  tax, 
to  be  used  beyond  the  limits  of  "the  city,  and  from  paying  the 
tax  in  lieu  thereof  without  said  limits,  all  property  subject  to 
city  taxes,  whether  real  or  personal,  shall  be  exempt  from 
general  or  special  road,  highway  or  bridge  tax,  for  the  con- 
struction or  preparing  of  roads  or  bridges  outside  of  city 
limits  of  the  city  of  Bloomington. 

§  36.  BRIBES,  ETC.]  Any  Mayor,  acting  Mayor  or  alder- 
man of  the  city,  shall  be  liable  to  indictment  in  any  court  of 
record  in  McLean  County  for  receiving  a  bribe  for  the  exercise 
of  any  official  power,  for  palpable  omission  of  duty,  willful^ 
aggression,  or  mal  conduct  in  the  discharge  of  the  duties 
his  office ;  and  upon  conviction,  shall  be  subject  to  a  fine  ot 
not  exceeding;  one  hundred  dollars,  and  the  court  shall  have 


156  ACTS   OF   INCORPORATION. 

power,  upon  recommendation  of  the  jury,  to  add  as  part  of 
the  judgment,  that  he  be  removed  from  the  office. 

§  37.  ORDINANCES  TO  REMAIN  IN  FORCE.]  All  ordinances, 
regulations,  and  resolutions  now  in  force  in  the  City  of  Bloom- 
iugton,  and  not  inconsistent  with  this  act,  shall  remain  in  force 
under  this  act  until  altered,  modified  or  repealed  by  the  Coun- 
cil, after  this  act  shall  take  effect. 

§  38.  PROSECUTIONS.]  All  actions,  rights,  fines,  penalties, 
and  forfeitures  in  suit  or  otherwise,  which  have  accrued  under 
the  several  acts,  consolidated  herein,  shall  be  vested  in  and 
prosecuted  by  the  corporation  hereby  created. 

§  39.  PROPERTY  AND  OFFICERS.]  All  property,  real,  per- 
sonal, or  mixed,  belonging  to  the  City  of  Bloomington,  is 
hereby  vested  in  the  corporation  created  by  this  act,  and  the 
officers  of  said  corporation  now  in  office  shall  respectively 
continue  in  the  same  until  superseded  in  conformity  to  the 
provisions  hereof,  but  shall  be  governed  by  this  act. 

§  40.  SAVING  CLAUSE.]  This  act  shall  not  invalidate  any  le- 
gal act  done  by  the  Council  of  the  City  of  Bloomington  or  by  its 
officers,  nor  divest  their  successors  under  this  act  of  any  rights 
of  property  or  otherwise,  or  liability  which  may  have  accrued 
to  or  been  created  by  said  corporation  prior  to  the  passage  of 
this  act. 

§  41.  CONSERVATORS  OF  PEACE.]  All  officers  of  the  city, 
aldermen  included,  are  hereby  created  conservators  of  the 
peace  by  this  act,  and  shall  have  power  to  arrest  or  cause  to 
be  arrested,  with  or  without  process,  all  persons  who  shall 
break  or  threaten  to  break  the  peace,  and  if  necessary  detain 
such  persons  in  custody  over  night  in  the  city  jail  or  other 
safe  place,  and  shall  have  and  exercise  such  other  powers  as 
conservators  of  the  peace  as  the  Council  may  prescribe. 

§  42.  CONSTRUCTION — ACT  DEEMED  PUBLIC.]  Nothing  in 
this  act  contained  shall  be  construed  so  as  to  deprive  the  Coun- 
cil of  said  city  of  any  power  or  authority  conferred  upon  the 
same  by  act  under  which  said  city  was  incorporated,  and 
the  various  acts  amendatory  thereto ;  but  the  Council  shall 
possess  and  enjoy  all  the  powers  and  authority  heretofore  con- 
ferred upon  the  same,  except  so  far  as  such  power  and  author- 
ity have  been  expressly  modified  or  repealed  by  this  act  or  the 
acts  heretofore  mentioned.  This  act  shall  be  deemed  a  public 
act,  and  may  be  read  in  evidence  without  proof,  and  judicial 
notice  shall  be  taken  thereof  in  all  courts  and  places. 

This  act  shall  take  effect  and  be  in  force  from  -end  after  its 
passage. 


ACTS   OP   INCORPORATION.  157 

An  act  to  amend  an  act  entitled  "An  act  to  grant  and  estab- 
lish a  city  charter  for  the  city  of  Bloomington." 

[In  force  March  7th,  1867.] 

CHAPTER  I. 

BOUNDARIES  AND  WARDS. 

SECTION  1.  Name  and  style. 

"         2.  Corporate  limits. 

"         3.  Powers. 

"        4.  Wards. 

SECTION  1  NAME  AND  STYLE.]  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly :  That 
the  inhabitants  of  all  that  district  of  country  in  the  county  of 
McLean  and  State  of  Illinois,  contained  within  the  limits  and 
boundaries  as  hereinafter  prescribed,  be,  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  and 
style  of  the  city  of  Bloomington,  and  by  that  name  shall 
have  perpetual  succession,  and  may  have  or  not  have  a  com- 
mon seal,  which  they  may  change,  altar  or  abolish  at  pleasure. 

§  2.  CORPORATE  LIMITS.]  The  corporate  limits  of  the  city  of 
Bloomington  shall  embrace  and  include  within  the  same,  all 
of  section  four  (4),  the  west  half  of  section  three  (3),  the  east 
half  of  section  five  (5),  the  north-east  quarter  of  section  eight 
(8),  the  north  half  of  section  nine  (9),  and  the  north-west 
quarter  of  section  ten  (10),  all  being  in  township  twenty-three 
(23),  north  of  range  two  (2),  east  of  the  third  Principal  Meri- 
dian ;  the  south-east  quarter  of  section  thirty-two  (32),  the  south 
half  of  section  thirty -three  (33),  and  the  south-west  quarter  of 
section  thirty-four  (34),  all  being  in  township  twenty-four  (24), 
north  of  range  two  (2)  east  of  the  third  Principal  Meridian; 
and  shall  also  include  all  town  plats  and  additions  adjoining 
the  above  prescribed  limits ;  and  whenever  any  tract  of  land 
adjoining  the  said  limits,  or  any  addition  to  said  city,  shall  be 
laid  off  into  town  lots,  and  the  plat  thereof  recorded,  the  same 
shall  be  and  form  a  part  of  the  city  of  Bloomington,  as  fully  as 
if  within  the  original  corporate  limits. 

§  3.  POWERS.]  The  inhabitants  of  said  city,  of  the  name 
and  style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  defend  and  be  defended  in  all  courts 
of  law  and  equity,  and  in  all  actions  whatsoever ;  to  purchase, 
receive,  hold,  lease,  sell,  convey  and  dispose  of  property,  real 
and  personal,  within  and  beyond  the  corporate  limits  for  pub- 


158  ACTS    OF   INCORPORATION. 

lie  purposes  for  the  use  of  the  inhabitants  of  the  city,  and  to 
improve  and  protect  such  property,  and  to  do  all  other  things 
in  relation  thereto  as  natural  persons. 

§  4.  WARDS.]  The  city  of  Bloomington  shall  be  divided 
into  five  wards,  as  follows,  viz ; 

First  Ward — All  that  part  of  the  city  which  lies  north  of  the 
center  of  Front  street,  and  east  ot  the  center  of  Main  street, 
shall  be  denominated  the  First  Ward. 

Second  Ward — All  that  part  of  the  city  which  lies  north  of 
the  center  of  Front  street,  and  south  of  the  center  of  Chestnut 
street,  and  west  of  the  center  of  Main  street,  shall  be  denomi- 
nated the  Second  Ward. 

Third  Ward — All  that  part  of  the  city  which  lies  south  of 
the  center  of  Front  street,  and  west  of  the  center  of  Main  street, 
shall  be  denominated  the  Third  Ward. 

Fourth  Ward — All  that  part  of  the  city  which  lies  south  of 
the  center  of  Front  street,  and  east  of  the  center  of  Main  street, 
shall  be  denominated  the  Fourth  Ward. 

Fifth  Ward — All  that  part  of  the  city  which  lies  north  of  the 
center  of  Chestnut  street,  and  west  of  the  center  of  Main  street, 
shall  be  denominated  the  Fifth  Ward. 

CHAPTER  n. 

OFFICERS  AND  THEIR  ELECTION. 

SECTION  1.  City  government. 

2.  Mayor. 

8.  Aldermen. 

4.  Tie — how  decided 

5.  Who  shall  not  be  Mayor. 

6.  Who  shall  not  be  aldermen. 

7.  Election  to  be  held. 

8.  Additional  aldermen  to  be  elected. 

9.  Failure  to  elect. 

10.  When  officers  shall  enter  upon  duties. 

11.  Other  officers. 

SECTION  1.  CITY  GOVERNMENT.]  The  municipal  govern- 
ment of  the  city  shall  consist  of  a  Mayor,  and  a  City  Council 
composed  of  two  aldermen  from  each  ward. 

§  2.  MAYOR.]  The  Mayor  shall  be  elected  by  the  quali- 
ned  voters  of  the  city,  and  shall  hold  his  office  for  one  year 
and  ULtil  his  successor  is  elected  and  qualified. 

ALDERMEN.]  The  aldermen  shall  be  elected  by  the 
qualified  voters  of  the  city,  and  shall  hold  their  respective 
offices  for  two  years,  and  until  their  successors  are  elected  and 
qualified,  except  as  herein  otherwise  provided. 

§  4.  TIE— HOW  DECIDED.]  Whenever  there  shall  fail  to  be 
an  election  of  any  officer  voted  for  by  the  voters  of  said  city 


ACTS   OF   INCORPORATION.  150 

in  consequence  of  two  or  more  candidates  receiving  an  equal 
number  of  votes  for  the  same  office,  the  judges  of  election 
shall  certify  the  same  to  the  Mayor,  who  shall  determine  the 
same  by  the  casting  of  lots  in  such  manner  as  the  Coun- 
cil may  direct. 

§  5.  WHO  SHALL  NOT  BE  MAYOR.]  No  person  shall  be  eli- 
gible to  the  office  of  Mayor  who  is  not  a  citizen  of  the  United 
States,  and  who  shall  not  have  been  a  resident  of  the  city  for 
at  least  two  years  next  preceding  his  election,  or  who  shall  be 
under  twenty-one  years  of  age.  If  the  Mayor  removes  from 
the  city  his  office  shall  be  vacated. 

§  6.  WHO  SHALL  NOT  BE  ALDERMEN.]  N"o  person  shall  be 
eligible  to  the  office  of  alderman  who  is  not  a  citizen  of  the 
United  States,  and  who  shall  not  have  been  a  resident  of  the 
city  for  one  year  next  preceding  his  election,  or  who  shall  be 
under  twenty-one  years  of  age.  If  any  alderman  shall,  after 
his  election,  remove  from  the  ward  for  which  he  is  elected, 
his  office  shall  thereby  be  vacated. 

§  7.  ELECTION  TO  BE  HELD.]  An  election  shall  be  held  in 
said  city,  on  the  third  Monday  in  April  in  each  and  every 
year,  to  elect  a  Mayor  and  one  alderman  from  each  ward ;  at 
which  election  the  person  receiving  the  highest  number  of 
votes  for  the  respective  offices  shall  be  declared  elected. 

§  8.  ADDITIONAL  ALDERMEN  TO  BE  ELECTED.]  At  the  elec- 
tion held  in  April,  A.  D.,  1867,  in  addition  to  the  officers 
above  specified,  an  additional  alderman  shall  be  elected  in 
wards  number  one,  two  and  five,  who  shall  hold  their  respective 
offices  for  the  term  of  one  year.  At  said  election  the  person 
receiving  the  highest  number  of  votes  for  alderman,  in  said 
wards,  shall  be  declared  elected  for  two  years,  and  the  person 
receiving  the  next  highest  number  shall  be  declared  elected 
for  one  year.  In  case  of  a  tie  vote,  the  same  shall  be  decided 
by  the  Mayor,  by  the  casting  of  lots  in  such  manner  as  the 
Council  may  direct.  The  aldermen  now  elected  from  wards 
number  three  and  four  shall  hold  their  offices  for  the  full  term 
for  which  they  were  elected. 

§  9.  FAILURE  TO  ELECT.]  In  case  the  people  shall  fail  to 
elect  any  of  the  officers  herein  required  to  be  elected,  the 
Council  shall  forthwith  order  a  new  election  for  such  office, 
and  when  any  vacancy  shall  occur  by  the  death,  resignation, 
removal  or  otherwise*  of  any  of  the  officers  above  named,  such 
vacancy  shall  be  filled  by  a  new  election  within  thirty  days 
after  the  vacancy  occurs,  unless  said  vacancy  shall  occur 
within  three  months  before  the  regular  city  election,  in  which 
case  the  vacancy  shall  be  filled  at  the  next  regular  city  elec- 


160  ACTS   OF   INCORPORATION. 

tion  and  no  special  election  shall  be  called.     Officers  elected 
to  fill  vacancies,  shall  hold  their  offices  only  during  the  unex- 

pired  term.  n     „,, 

§  10  WHEN  OFFICERS  SHALL  ENTER  UPON  DUTIES.]  ine 
municipal  officers  to  be  chosen  at  the  annual  election  shall 
enter  upon  the  duties  of  their  respective  offices  on  the  nrst 
Monday  of  May  succeeding  their  election. 

§  11  OTHER  OFFICERS.]  The  other  officers  of  the  corpora- 
tion shall  be  as  follows,  viz :  City  Clerk,  City  Treasurer,  City 
Attorney,  City  Assessor,  City  Collector,  City  Marshal,  Street 
Commissioner,  and  Chief  Engineer  of  the  Fire  Department, 
and  such  other  officers  as  the  City  Council  may  deem  neces- 
sary from  time  to  time  to  appoint,  who  shall  be  appointed  by 
the  City  Council,  and  shall  hold  their  respective  offices  during 
the  pleasure  of  the  Council,  and  shall  perform  such  duties, 
and  receive  such  compensation  as  the  City  Council  may  from 
time  to  time,  by  ordinance  or  otherwise,  prescribe. 


CHAPTER  III. 
ELECTIONS. 

SECTION  1.    Notice  of  election. 

"        2.    Elections— how  conducted. 
"        3.    Who  may  vote. 

SECTION  1.  NOTICE  OF  ELECTION.]  The  City  Council  shall, 
previous  to  any  election,  under  this  charter,  give  at  least  ten 
days  notice  of  such  election,  by  publication  in  a  newspaper  pub- 
lished in  the  city,  or  by  printed  notices,  in  each  ward,  or 
by  both. 

"  §  2.  ELECTIONS — HOW  CONDUCTED.]  The  City  Council  shall 
have  power  to  regulate  elections  and  to  appoint  the  judges 
thereof.  Voting  shall  be  by  ballot,  and  the  judges  of  election 
shall  take  the  same  oath,  and  have  the  same  power  and  au- 
thority, and  be  subject  to  the  same  penalties  as  judges  at 
general  elections  under  the  state  laws.  The  ballots  shall  be 
counted  in  the  manner  provided  by  general  law  ;  the  returns 
shall  be  delivered  sealed,  to  the  City  Clerk  within  one  day 
after  the  election,  and  the  Council  shall,  within  three  days 
after  said  election  meet  and  canvass  the  votes  and  declare  the 
result  of  the  election.  AH  persons  elected  or  appointed  to 
office,  shall  qualify  within  twenty  days  thereafter,  otherwise 
the  office  shall  become  vacant. 


ACTS    OF    INCORPORATION.  161 

§  3.  WHO  MAY  VOTE.]  Every  person  entitled  to  vote  at 
the  general  state  election,  who  has  been  a  resident  in  the  city 
six  months,  and  an  actual  resident  of  the  ward  in  which  he 
proposes  to  vote,  for  thirty  days  immediately  preceding  the 
municipal  election,  and  who,  if  required  by  the  judge  or  some 
qualified  voter,  shall  take  the  following  oath  :  "  I  swear  (or 
affirm)  that  I  am  of  the  age  of  twenty-one  years,  that  I  am  a 
citizen  of  the  United  States,  (or  was  a  resident  of  this  state  at 
the  time  of  the  adoption  of  the  Constitution,)  and  have  been 
a  resident  of  this  state  one  year,  and  a  resident  of  this  city 
six  months  immediately  preceding  this  election,  and  am  now, 
and  have  been  for  the  last  thirty  days  past,  a  resident  of  this 
ward,  and  have  not  voted  at  this  election,"  shall  be  a  quali- 
fied voter  at  all  municipal  elections  :  Provided:  that  the  voter 
shall  be  deemed  a  resident  of  the  ward  in  which  he  is  accus- 
tomed to  lodge.  All  persons  not  entitled  to  vote  who  shall 
vote,  or  offer  to  vote  at  any  election  held  under  this  act,  or 
the  ordinance  of  the  city  in  pursuance  thereof,  shall  be  pun- 
ishable according  to  the  laws  of  this  state. 


CHAPTER  IV. 

POWERS  AND  DUTIES  OF  OFFICERS. 

SECTION  1.  Powers  and  duties  of  Mayor. 

2.  Acting  Mayor. 

3.  Time  of  meeting  of  Council. 

4.  Powers  of  Council— quorum. 

5.  Mayor  may  summon  posse. 

6.  Further  powers  of  Mayor. 

7.  Ordinances— how  approved,  etc. 

8.  Clerk  to  keep  seal,  etc. 

9.  Duties  of  Treasurer. 

10.  Duties  of  Marshal. 

11.  City  Assessor's  duties. 

12.  City  Collector. 

SECTION  1.  POWERS  AND  DUTIES  OF  MAYOR,]  The  Mayor 
shall  be  the  chief  executive  officer  of  the  city.  He  shall  pre- 
side at  the  meetings  of  the  Council,  preserve  order  and  direct 
the  course  of  business  before  the  Council,  and  in  case  of  a 
tie  in  any  vote  thereof  shall  give  the  casting  vote  ;  he  shall  be 
the  head"  of  the  police  and  fire  departments,  and  all  marshals, 
or  deputy  marshals,  policemen,  and  all  officers  of  the  fire  de- 
partment, shall  be  under  his  command. 

§  2.     ACTING   MAYOR.]      In  case  the    Mayor  is  unable  to 

perform  the  duties  of  his  office,  by  reason  of  temporary  or 

continued  absence  or  sickness,  the  Council  shall  appoint  one 

of  its  members  to   preside  over  their  meetings,  whose  official 

—21 


162  ACTS   OF   INCORPORATION. 

designation  shall  be  "  Acting  Mayor,"  and  the  alderman  BO 
appointed  shall  be  vested  with  all  the  powers  and  perform  all 
the  duties  of  Mayor  until  the  Mayor  shall  assume  his  office 
or  the  vacancy  be  filled  by  a  new  election. 

§  3.  TIME  OF  MEETING  OF  COUNCIL.]  The  Council 
have  power  to  determine  and  fix  the  time  of  its  meetings,  the 
rules  of  its  proceedings,  punish  its  members  for  disorderly 
conduct,  and  with  the  concurrence  of  two-thirds  of  its  mem- 
bers elected,  expel  a  member.  A  journal  of  the  Council  pro- 
ceedings shall  be  kept,  and  the  yeas  and  nays,  when  demanded 
by  any  member  present,  shall  be  entered  on  the  journal. 

§  4.  POWERS  OF  COUNCIL — QUORUM.]  The  Council  shall 
judge  of  the  qualifications  and  election  of  its  members,  and 
shall  hear  and  determine  all  contested  elections  under  this  act, 
and  its  decision  shall  be  final.  A  majority  of  the  Council 
shall  constitute  a  quorum  to  do  business,  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  compel  the  attendance 
of  absent  members  under  such  penalties  as  may  be  prescribed 
by  ordinance. 

§  5.  MAYOR  MAY  SUMMON  POSSE.]  The  Mayor  is  hereby 
authorized  to  call  on  any  and  all  male  inhabitants  of  the 
city  or  county,  over  the  age  of  eighteen  years,  to  aid  in  enforc- 
ing the  laws  of  the  State  or  ordinances  of  the  city  ;  and  in  case 
of  riot  to  call  out  the  militia  and  citizens  to  assist  in  suppress- 
ing the  same,  or  carrying  into  effect  any  law  or  ordinance. 
And  any  person  who  shall  not  obey  such  call,  shall  forfeit 
and  pay  to  said  city  a  fine  of  five  dollars.  He  shall  have 
power  whenever  he  may  deem  it  necessary,  to  require  of  any  of 
the  officers  of  the  city  an  exhibit  of  all  their  official  books  and 
papers,  and  shall  have  power  to  execute  all  duties  that  may  be 
required  of  him  by  this  act,  or  any  ordinance  made  in  pursu- 
ance hereof. 

§  6.  FURTHER  POWERS  OF  MAYOR.]  The  Mayor  shall  ex-officio 
have  power  to  administer  any  oath  required  to  be  taken  by  this 
act  or  any  law  of  the  State,  to  take  depositions,  acknowledge 
deeds,  mortgages,  and  all  other  instruments  of  writing,  and 
certify  the  same  under  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law. 

§  7.  ORDINANCES — HOW  APPROVED.]  All  ordinances,  before 
they  take  effect,  shall  be  placed  in  the  office  of  the  CU-rk,  and 
if  the  Mayor  approve  thereof  he  shall  sign  the  same,  and  such 
as  he  may  not  approve  he  shall  return  to  the  Council  at  the  next 
meeting  thereafter,  with  his  objections  thereto.  Upon  the  re- 
turn of  any  such  ordinance  by  the  Mayor,  the  vote  by  which 
the  same  was  passed  shall  be  reconsidered,  and  if  after  such 


ACTS   OP   INCORPORATION.  163 

reconsideration  a  majority  of  all  the  aldermen  elected  shall 
agree  by  the  ayes  and  nays,  which  shall  be  entered  on  the 
journal,  to  pass  the  same,  it  shall  go- into  effect;  and  if  the 
Mayor  shall  neglect  to  approve  or  object  for  a  longer  period 
than  ten  days  after  an  ordinance  shall  be  placed  in  the  clerk's 
office  as  aforesaid,  the  same  shall  go  into  effect. 

§  8.  CLERK  TO  KEEP  SEAL,  ETC.]  The  Clerk  shall  keep  the 
corporate  seal  and  all  the  books  and  papers  belonging  to  the 
city.  He  shall  attend  all  the  meetings  of  the  Council,  and 
keep  a  full  record  of  its  proceedings.  Copies  of  all  papers  and 
ordinances  filed  in  his  office,  and  transcripts  from  the  jour- 
nal of  the  proceedings  of  the  Council  certified  by  him  as 
Clerk,  shall  be  evidence  in  all  courts  and  places  without  fur- 
ther proof  thereof  and  in  like  manner  as  if  the  originals  were 
produced.  The  Clerk  shall  draw  all  warrants  on  the  treasury, 
as  provided  by  ordinance,  and  keep  an  accurate  account 
thereof  in  a  book  provided  for  that  purpose.  He  shall  keep 
an  accurate  account  of  all  receipts  and  expenditures  in  such 
manner  as  the  Council  may  direct  and  he  shall  have  power  to 
administer  any  oath  required  to  be  taken  by  this  act. 

§  9.  DUTIES  OF  TREASURER.]  The  Treasurer  shall  receive 
all  moneys  belonging  to  the  city,  and  shall  keep  an  accurate 
account  of  all  receipts  and  expenditures  in  such  manner  as  the 
Council  may  direct.  All  moneys  shall  be  drawn  from  the  city 
treasury  in  pursuance  of  an  order  of  the  Council  by  treasury 
warrant,  signed  by  the  Clerk  and  Mayor,  and  such  warrant 
shall  specify  for  what  purpose  the  amount  named  therein  is  to 
be  paid.  He  shall  exhibit  to  the  Council  as  often  as  re- 
quired a  full  and  detailed  account  of  all  receipts  and  expendi- 
tures, the  state  of  the  treasury  and  the  state  of  each  special 
fund  therein,  which  account  shall  be  filed  in  the  office  of  the 
Clerk,  and  on  retiring  from  office  the  Treasurer  shall  deposit 
his  account  books  in  the  office  of  the  City  Clerk,  where  they 
shall  be  kept  as  public  records  of  the  city. 

§  10.  DUTIES  OF  MARSHAL.]  The  Marshal  shall  perform 
all  such  duties  as  may  be  provided  by  ordinance,  and  he  shall 
possess  the  same  powers  and  perform  the  same  duties,  within 
the  limits  of  the  city,  as  constables  in  the  different  counties 
possess ;  and  may  serve  any  process  issuing  under  and  by  vir- 
tue of  this  act,  or  the  ordinances  and  by-laws  of  said  city  at 
any  place  within  the  county  of  McLean. 

§  11.  CITY  ASSESSOR'S  DUTIES.]  The  City  Assessor  shall 
perform  all  duties  in  relation  to  the  assessing  of  property  for 
the  purpose  of  levying  taxes  imposed  by  the  Council.  In 
the  performance  of  his  duty  he  shall  have  the  same  powers 


364  ACTS    OF    INCORPORATION. 

as  are  or  may  be  given  by  law  to  county  or  town  assessors, 
and  be  subject  to  the  same  liabilities. 

§  12.  CITY  COLLECTOR.]  The  City  Collector  shall  collect  all 
taxes  and  assessments  which  may  be  levied  by  the  Council, 
except  special  taxes  and  assessments,  and  perform  such. other 
duties  as  may  be  prescribed  by  ordinance.  The  Council  may 
appoint  township  assessors  and  collectors  to  assess  and  collect 
for  the  city. 


CHAPTER  V. 

KEVENUE. 

SECTION  1.  Power  of  Council  to  levy  taxes. 
••  2.  Tax  upon  Insurance  companies. 
"  8.  Inhabitants  exempt  from  road  labor— when. 

SECTION  1.  POWER  OF  COUNCIL  TO  LEVY  TAXES.]  The  City 
Council  shall  have  power  within  the  city  by  ordinance  : 

First — To  levy  and  collect  annually  a  tax  not  exceeding  five 
mills  on  the  dollar  on  the  assessed  value  of  all  real  and  per- 
sonal estate  and  property  in  the  city,  made  taxable  by  the  laws 
of  this  State,  to  defray  the  contingent  and  other  expenses  of 
the  city  not  herein  otherwise  specially  provided  for,  which 
taxes  shall  constitute  the  general  fund. 

Second — To  levy  and  collect  annually  a  tax  not  exceeding 
two  mills  on  the  dollar  on  all  taxable  real  and  personal  estate 
to  defray  the  police  expenses  of  the  city. 

Third — To  levy  and  collect  annually  a  tax  not  exceeding 
two  mills  on  the  dollar,  on  all  taxable  real  and  personal  estate 
to  defray  the  expenses  of  lighting  the  streets  of  the  city. 

Fourth — To  levy  and  collect  annually  a  tax  not  exceeding 
three  mills  on  the  dollar  on  all  taxable  real  and  personal  prop- 
erty, to  defray  the  expense  of  cleaning  and  repairing  the 
streets  and  alleys  in  said  city. 

Fifth — To  levy  and  collect  annually  a  tax  of  sufficient 
amount  on  all  taxable  real  and  personal  estate  to  pay  the  in- 
terest on  all  debts  due  and  owing  by  said  city,  whether  bonded 
or  otherwise. 

Sixth — To  provide  in  its  own  manner  for  the  levy,  assessment 
and  collection  of  city  taxes  and  assessments,  and  to  alter  and 
change  any  such  provisions  as  it  may  from  time  to  time  deem 
proper ;  to  prescribe  the  form  of  assessment  lists,  and  make 


ACTS   OF   INCORPORATION.  165 

such  regulations  in  relation  to  revising,  altering  or  adding 
thereto  as  it  may  deem  right  and  proper ;  and  to  provide  that 
the  city  taxes,  and  general  and  special  assessments  shall  by  the 
proper  officers  of  the  county  of  McLean,  be  carried  out  on  the 
books  of  the  proper  township  collector,  whose  several  town- 
ships embrace  the  city  of  Bloomington,  to  be  by  them  col- 
lected in  the  same  manner,  and  at  the  same  time  as  State  and 
county  taxes,  to  be  paid  over  to  such  person  as  the  Council 
may  order  or  provide ;  and  that  delinquent  lands  or  lots  shall 
be  returned  to  the  County  Treasurer,  or  the  officers  designated 
by  general  law,  who  shall  proceed  with  the  collection  thereof, 
in  the  same  manner,  and  at  the  same  time  as  he  collects  State 
and  county  taxes,  and  shall  pay  the  same  over  to  such  person 
as  the  Council  may  direct.  All  taxes  and  assessments,  general 
or  special,  levied  or  assessed  under  this  act,  or  any  ordinance 
in  pursuance  thereof,  shall  be  a  lien  on  all  the  real  estate  upon 
which  the  same  may  be  imposed,  levied  or  assessed  for  two 
years  from  and  after  the  assessment  thereof,  and  on  personal 
property  from  and  after  the  delivery  of  the  warrant  for  col- 
lection. 

Seventh — To  require  all  male  inhabitants  of  said  city,  over 
twenty-one  years  of  age  and  under  fifty,  to  labor,  not  exceeding 
three  days  in  each  year,  upon  the  streets  and  alleys  in  said 
city,  when  notified  to  do  so  by  the  Street  Commissioner.  But 
each  person  so  required  to  labor  on  the  streets  and  alleys  may, 
in  lieu  thereof,  pay  the  sum  of  one  dollar  per  day  for  each  day 
he  shall  be  so  required  to  labor  :  Provided,  he  shall  pay  the 
same  on  or  before  the  first  day  he  shall  be  notified  to  labor  by 
the  Street  Commissioner ;  and  in  case  any  person  shall  refuse 
to  labor,  when  notified  as  aforesaid,  or  to  pay,  in  commutation 
thereof,  the  amount  above  specified,  the  same  may  be  collected 
of  him  by  suit,  in  the  name  of  the  city,  before  any  police  magis- 
trate or  justice  of  the  peace  of  said  city.  If  the  tax  authorized 
by  the  fourth  division  of  this  section  shall  be  levied  by  the 
Council,  then  the  labor  authorized  by  this  section  shall  not  be 
required  to  be  done  during  the  same  year. 

§  2.  TAX  UPON  INSURANCE  COMPANIES.]  All  corporations, 
companies  or  associations  not  incorporated  under  the  laws  ot 
this  State,  engaged  in  said  city  in  effecting  fire,  marine  or  1 
insurance,  shall  pay  to  the  City  Treasurer  the  sum  of  two  dol- 
lars upon  the  hundred  dollars,  and  at  that  rate  upon  the 
amount  of  all  premiums  which  during  the  half  year  ending  on 
every  first  dav  of  July  and  January,  shall  have  been  received 
or  have  been  Weed  to  be  paid,  for  any  insurance  effected,  or 
ao-reed  to  be  effected  in  said  city,  by  or  with  such  corporations, 


166  ACTS   OF   INCORPORATION. 

companies  or  associations,  respectively.  Every  person  who 
shall  act  in  said  city  as  agent  or  otherwise,  for  or  on  behalf  of 
any  such  corporation,  company  or  association,  shall  on  or  be- 
fore the  fifteenth  day  of  July  and  January  in  each  year,  render 
to  the  City  Treasurer  a  full,  true  and  just  account,  verified  by 
his  oath,  of  all  premium?,  which  during  the  half  year  ending 
on  every  first  day  of  July  and  January  preceding  such  report, 
shall  haVe  been  received  by  him,  or  agreed  to  be  paid  for  or 
on  behalf  of  any  such  corporation,  company  or  association, 
and  shall  specify  in  said  account  the  amounts  received  for  fire, 
marine  and  life  insurance  respectively.  Said  agents  shall  also 
pay  over  to  the  City  Treasurer,  at  the  time  of  rendering  the 
aforesaid  account,  the  amount  of  rates  for  which  the  company 
or  companies  represented  by  them  are  severally  chargeable  by 
virtue  hereof.  If  such  account  be  not  rendered  on  or  before 
the  day  hereinbefore  designated  for  that  purpose,  or,  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  un- 
lawful for  any  corporation,  company  or  association,  so  in  de- 
fault, to  transact  any  business  of  insurance  in  said  city  until 
the  said  requisitions  shall  have  been  complied  with  ;  but  this 
provision  shall  not  relieve  any  company  from  the  payment  of 
any  risk  that  may  be  taken  in  violation  hereof.  Any  person 
or  persons  violating  any 'of  the  provisions  of  this  section  shall 
be  subject  to  indictment,  and  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction,  shall  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars.  Said  rates  may  also  be  re- 
covered of  such  corporation,  company  or  association,  or  its 
agent,  by  action,  in  the  name  and  for  the  use  of  said  city  as 
for  money  had  and  received  for  its  use.  The  amounts  so  re- 
ceived from  said  insurance  companies,  or  their  agents  shall 
constitute  a  fund  which  ahall  be  used  for  the  purpose  of  pro- 
moting the  efficiency  of,  and  making  improvements  in  the  fire 
department  of  said  city,  and  for  carrying  out  such  sanitary 
measures  as  may  be  deemed  necessary  for  the  promotion  of 
the  public  health,  and  for  no  other  purpose  whatever. 

§  3.  INHABITANTS  EXEMPT  FROM  ROAD  LABOR — WHEN.]  The  in- 
habitants of  the  city  of  Bloomington  shall  be  exempt  from  any 
highway,  road,  or  bridge  tax  to  be  used  beyond  the  limits  of 
said  city,  and  from  paying  the  tax  in  lieu  thereof  without  said 
limits.  All  property  subject  to  city  taxes,  whether  real  or 
personal,  shall  be  exempt  from  general  or  special  road,  high- 
way or  bridge  tax  for  the  construction  or  repairing  of  roads 
or  bridges  outside  of  the  city  limits  of  the  city  of  Bloomino-- 
tou. 


ACTS   OF   INCORPORATION.  167 

CHAPTER  VI. 

CITY  COUNCIL-GENERAL   POWERS. 

SECTION  1.  General  powers  of  Council. 

2.  Process — appeals,  etc. 

"         3.  Power  over  streets,  sidewalks  etc. 

4.  Horse  railways. 

"         5.  City  Council  may  issue  bonds. 

SECTION  1.  GENERAL  POWERS  OF  COUNCIL.]  The  City  Coun- 
cil shall  have  power  by  ordinance  : 

First — To  require  all  officers  appointed  in  pursuance  of  this 
charter  to  give  bonds,  with  penalty  and  security,  and  take  an 
oath  for  the  faithful  performance  of  the  duties  of  their  respect- 
ive offices,  upon  entering  upon  the  discharge  of  the  same. 

Second — To  appropriate  and  provide  for  the  payment  of  the 
debts  and  expenses  of  the  city. 

Third — To  make  any  and  all  regulations  necessary  to  secure, 
protect,  preserve  and  restore  the  general  health,  and  to  pre- 
vent the  introduction  of  contagious  diseases  into  the  city,  to 
make  quarantine  laws  for  that  purpose  and  to  enforce  the 
same. 

Fourth — To  declare  what  shall  be  deemed  nuisances  and  to 
provide  for  the  prevention,  abatement  and  removal  of  the 
same,  and  to  punish  the  authors  thereof  by  penalties,  fine  and 
imprisonment.  Provided,  parties  aggrieved  by  the  provisions 
of  this  section  may  litigate  the  same  in  the  circuit  and  su- 
preme courts  of  this  State. 

Fifth — To  provide  the  city  with  water  for  the  extinguish- 
ment of  fire  and  the  conveniences  of  the  inhabitants,  in  such 
manner  as  it  may  deem  best. 

Sixth — To  change  the  boundaries  of  any  ward,  and  to  estab- 
lish new  wards,  and  provide  for  the  election  of  aldermen. 

Seventh — To  provide  for  lighting  the  streets,  keeping  the 
same  in  repair,  and  to  prohibit  obstructions  and  nuisances  in 
any  street  or  alley. 

'Eighth — To  erect  market  houses,  establish  markets  aixl 
market  places,  and  provide  for  the  government  and  regulation 
thereof. 

Ninth — To  provide  for  erecting  all  needful  buildings  for  the 
use  of  the  city;  to  license,  tax  and  regulate  auctions,  mer- 
chants, retailers,  grocers,  sample  sellers,  taverns,  hawkers, 
peddlers,  brokers,  pawnbrokers  and  money  changers,  hackney 
carriages,  wagons,  carts,  omnibuses  and  drays,  and  to  fix  the 


168  ACTS   OF   INCORPORATION. 

rates  to  be  charged  for  the  carriage  of  persons,  and  the  wagon- 
age,  cartage  and  drayage  of  property. 

Tenth— ^Co  license  and  regulate  porters  and  fix  the  rate  of 
porterage. 

Eleventh — To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  and  amusements. 

Twelfth — To  tax,  restrain,  prohibit  and  suppress  tippling 
houses  and  dram  shops  ;  to  prohibit  and  suppress  gaming 
and  gambling,  gaming  houses,  bawdy  houses,  and  all  disor- 
derly houses. 

Thirteenth — To  license,  or  entirely  prohibit  the  sale  of  spir- 
ituous, vinous,  mixed,  malt,  or  fermented  liquors  within  the 
limits  of  the  city,  by  any  person  or  persons. 

Fourteenth — To  provide  for  the  prevention  and  extinguish- 
ment of  fires,  and  to  organize,  establish  and  support  fire  com- 
panies. 

Fifteenth — To  regulate  the  conduct  of  persons  present  at  any 
fire  in  said  city,  and  to  provide  for  punishing  any  person  dis- 
obeying such  regulations. 

Sixteenth — To  provide  for  the  prevention  and  suppression  of 
riots,  routs  and  unlawful  assemblages,  and  any  disturbance  of 
the  public  peace,  and  punish  by  fine  all  persons  guilty  thereof. 

Seventeenth — To  regulate  the  storage  of  gunpowder,  tar, 
pitch,  rosin  and  other  combustible  materials ;  to  compel  the 
owner  or  occupant  of  any  grocery,  cellar,  soap  or  tallow  chand- 
lery, blacksmith,  tannery,  stable,  slaughter  house,  distillery, 
brewery,  sewer  or  privy,  to  cleanse,  remove  or  abate  the  same 
as  may  be  necessary  for  the  health,  comfort  and  convenience 
of  the  inhabitants  affected  thereby. 

Eighteenth — To  direct  the  location  and  management  and  con- 
struction of,  and  r  -strain,  abate,  and  prohibit  within  the  city, 
and  to  the  distance  of  one  mile  from  the  limits  thereof,  slaugh- 
tering establishments,  establishments  for  steaming  or  render- 
ing lard,  tallow,  offal  and  such  other  substances  as  may  be 
rendered. 

Nineteenth — To  direct  what  streets  and  alleys  in  said  city 
maybe  taken  for  laying  and  using  for  railroad  track  or  tracks; 
to  require  railroad  companies  to  keep  in  repair  and  to  light 
the  streets  and  alleys  through  which  their  tracks  may  run, 
(this  provisions  does  not  apply  to  horse  railways)  and  con- 
struct and  keep  in  repair,  and  unobstructed,  suitable 
crossings  at  the  intersection  of  their  roads  with  the  streets, 
alleys,  ditches,  sewers  and  culverts ;  to  direct  the  use  and  reg- 
ulate the  speed  of  locomotive  engines  within  the  inhabited 
portions  of  the  city ;  to  prohibit  and  restrain  railroad  com- 


ACTS    OF   INCORPORATION.  169 

panies  from  doing  storage  or  warehouse  business,  or  collecting 
pay  for  storage. 

Twentieth— The  City  Council  shall  forever  prohibit,  by  ordi- 
nance, the  sale  of  intoxicating  liquors  within  that  part  of  the 
city  lying  and  being  in  the  town  of  Xormal,  and  designated  in 
Chapter  I,  section  2  of  this  bill,  as  the  south-east  quarter  of 
section  thirty-two  (32),  the  south  half  of  section  thirty-three 
(33)  and  the  south-west  quarter  of  section  thirty-four  (34),  all 
in  township  twenty-four  (24),  north  of  range  two  (2)  east  of 
the  third  principal  meridian,  and  such  other  portions  of  said 
township  of  Normal  as  may  hereafter  be  laid  out  into  lots  and 
be  attached  to  said  city  of  Bloomington. 

Twenty-first — To  establish  and  regulate  standard  weights 
and  measures  in  aU  cases  not  otherwise  provided  by  law. 

Twenty-second — To  provide  for  the  inspection  and  measure- 
ment of  lumber  and  other  building  materials,  and  for  the  meas- 
urement of  all  kinds  of  mechanical  work,  and  to  provide  for 
the  inspection  and  weighing  of  hay,  stone-coal,  charcoal,  fire- 
wood, and  other  fuel  to  be  sold  or  used  within  the  city ;  and 
to  provide  for  and  regulate  the  inspection  of  tobacco,  beef, 
pork,  flour,  meal  and  spirituous  liquors  of  all  kinds  brought  to 
the  city  for  sale ;  and  to  regulate  the  weights  and  quality  of 
bread  to  be  sold  and  used  in  the  city. 

Twenty-third — To  provide  for  taking  enumerations  of  the 
inhabitants  of  the  city ;  and  to  provide  for  numbering  the 
houses  in  said  city,  and  to  compel  the  owner  or  occupant  of 
such  houses  to  have  the  number  thereof  placed  thereon  in 
some  conspicuous  place. 

Twenty-fourth — To  regulate  the  fees  of  jurors,  witnesses  and 
others  for  services  rendered  under  this  act,  or  any  ordinance. 

Twenty-fifth — To  prohibit  horse  racing  and  immoderate  rid- 
ing or  driving  in  the  streets;  to  prohibit  and  punish  the  abuse 
of  animals,  and  to  compel  persons  to  fasten  securely  their 
horses,  oxen  or  other  animals  attached  to  vehicles  or  otherwise, 
while  standing  or  remaining  in  the  street. 

Twenty-sixth — To  authorize  the  arrest,  fine  and  imprison- 
ment, in  the  city  or  county  jail,  as  vagrants,  of  all  persons 
who  not  having  visible  means  to  maintain  themselves,  are 
without  employment,  idly  loitering  or  rambling  about,  or 
staying  in  groceries,  drinking  saloons,  houses  of  ill-fame,  or 
houses  of  bad  repute,  gambling  houses,  railroad  depots,  or 
fire  engine  houses,  or  who  shall  be  found  trespassing  in  the 
nighttime  upon  the  premises  of  others,  or  begging  or  placing 
themselves  in  the  streets  or  other  thoroughfares,  or  public 
places  to  beg  or  receive  alms ;  also  keepers,  exhibitors  or 
—22  " 


170  ACTS   OF  INCORPORATION. 

visitors  at  any  gaming  table,  gambling  house,  house  for  for- 
tune telling,  places  for  cock  fighting,  or  other  places  of  device  ; 
and  all  persons  who  go  about  for  the  purpose  of  gaming  or 
watch  stuffing,  or  who  shall  have  in  their  possession  any 
article  or  thing  used  for  obtaining  money  under  false  pre- 
tenses, or  who  shall  disturb  any  place  where  public  or  private 
schools  are  held,  either  on  week  day  or  Sabbath,  or  places 
where  religious  worship  is  held. 

Twenty-seventh — To  establish  and  regulate  public  pounds ;  and 
to  restrain,  and  regulate,  or  prohibit  the  running  at  large  of 
cattle,  horses,  mules,  swine,  sheep,  goats  and  geese ;  and  to 
authorize  the  distraining,  impounding  and  sale  of  the  same 
for  the  penalty  incurred,  and  the  costs  of  the  proceedings, 
and  also  to  impose  penalties  on  the  owners  of  any  such  ani- 
mals, fora  violation  of  any  ordinance  in  relation  thereto. 

Twenty-eighth — To  tax,  regulate,  restrain  and  prohibit  the 
running  at  large  of  dogs,  and  to  authorize  their  destruction 
when  at  large  contrary  to  ordinance. 

Twenty-ninth — To  provide  for  the  safety  and  convenience  of 
the  inhabitants  and  other  persons  in  the  city,  by  prohibiting 
all  acts,  sports  or  amusements,  in  the  streets  or  public  places 
of  the  city,  of  a  dangerous  character. 

Thirtieth — To  license,  regulate,  restrain  and  suppress  billiard 
tables,  and  from  one  to  twenty-pin  alleys. 

Thirty-first— To  regulate  public  pumps,  wells  and  cisterns, 
hydrants  and  reservoirs,  and  so  prevent  the  unnecessary  waste 
of  water. 

Thirty-second — To  regulate  and  prohibit  the  exhibition  in 
the  streets  of  said  city,  of  stallions  and  jacks. 

Thirty-third — To  compel  all  persons  to  keep  the  snow,  ice 
and  dirt  from  the  sidewalks,  in  front  of  the  premises  owned 
or  occupied  by  them. 

Thirty-fourth — To  establish  and  erect  one  or  more  pest 
houses,  hospitals  or  dispensaries,  and  control  and  regulate  the 
same. 

Thirty-fifth — To  restrain  and  punish  vagrants,  mendicants, 
street  beggars  and  prostitutes. 

Thirty-sixth — To  provide  for  day  and  night  police  in  said 
city,  and  to  regulate  and  control  said  police. 

Thirty-seventh— To  suppress  all  gaming  houses  and  houses  of 
prostitution  ;  and  to  provide  for  "the  entry  of  the  same  by  the 
/ity  Marshal,  by  force,  or  otherwise,  and  the  arrest  of  all 
persons  found  therein;  and  the  destruction  of  all  implements 
of  gaming  found  therein,  and  for  the  punishment  of  all  per- 
sons so  arrested,  by  fine  or  imprisonment,  or  otherwise. 


ACTS   OF   INCORPORATION.  171 

Thirty-eighth — To  regulate  or  prohibit  the  carrying  or  wear- 
ing, by  any  person,  under  his  clothes,  or  concealed  about  his 
person,  any  pistol  or  colt,  or  slungshot,  or  cross  knuckles,  or 
knuckles  of  brass,  lead  or  other  metal,  or  bowie  knife,  dirk 
knife,  dirk  or  dagger,  or  any  other  dangerous  or  deadly 
weapon,  and  to  provide  for  the  confiscation  or  sale  of  such 
weapons. 

Thirty-ninth — To  prevent  and  prohibit  the  erection  or  main^ 
tenance  of  any  insecure  or  unsafe  building,  stack,  wall  or 
chimney  in  said  city,  and  to  declare  them  to  be  nuisances,  and 
to  provide  for  their  summary  abatement. 

Fortieth — To  cause  the  seizure  and  destruction,  or  other  dis- 
position of  tainted  or  unwholesome  meat,  butter,  vegetables, 
fruit  or  provisions". 

Forty-first — To  impose  fines,  forfeitures  and  penalties  for  the 
breach  of  any  ordinance,  and  provide  for  the  recovery  and 
appropriation  of  such  fines  and  forfeitures  and  the  enforce- 
ment of  such  penalties;  to  provide  for  the  punishment  of 
offenders  by  imprisonment  in  the  county  or  city  jail,  and  in 
all  cases  where  such  offenders  fail  or  refuse  to  pay  any  fine  or 
forfeiture  recovered  against  them,  to  require  them  to  labor  on 
the  streets  of  said  city,  at  one  dollar  per  day,  until  the  whole 
fine  and  costs  shall  be  paid. 

Forty-second — To  make,  publish,  ordain,  amend  and  repeal 
all  such  ordinances,  by-laws  and  police  regulations  not  con- 
trary to  the  Constitution  of  this  State,  for  the  good  govern- 
ment and  order  of  the  city,  and  the  trade  and  commerce  of  the 
city,  as  may  be  necessary  to  carry  into  effect  the  powers 
vested  in  the  City  Council  or  any  officer  of  said  city,  by  this 
act,  and  enforce  the  observance  of  all  rules,  ordinances,  by- 
laws and  police  and  other  regulations,  made  in  pursuance  of 
this  act,  by  penalties  not  exceeding  one  hundred  dollars  for 
any  offense  against  the  same. 

§  2.  PROCESS — APPEALS,  ETC.]  The  City  Council  may,  by 
ordinance,  provide  that  in  all  suits  brought  for  the  violation 
of  any  ordinance,  or  the  recovery  of  any  fine  under  this  act, 
before  the  police  magistrate,  or  other  officer,  the  first  process 
shall  be  a  warrant  for  the  immediate  apprehension  of  the 
offender,  and  may  further  provide  that  no  change  of  venue 
shall  be  taken  from  such  police  magistrate,  or  justice  of  the 
peace,  selected  by  the  city  as  hereinafter  provided,  and  that 
no  appeal  shall  be  taken  from  any  judgment  of  any  such  jus- 
tice of  the  peace,  or  police  magistrate,  except  upon  boi 
given,  and  the  proceedings  and  testimony  reduced  to  writing 
as  a  bill  of  exceptions,  signed  by  said  magistrate,  or  other 


172  ACTS   OF  INCORPORATION. 

officer,  and  the  appellate  court  shall  try  said  appeal  on  the 
proceedings  and  evidence  embodied  in  said  bill  of  exception 
and  none  other. 

§  3.  POWER  OVER  STREETS,  SIDEWALKS,  ETC.]  The  City 
Council  shall  have  power  to  open,  alter,  abolish,  widen,  ex- 
tend, establish,  grade,  pave,  plank,  or  macadamize,  or  other- 
wise improve  and  keep  in  repair  the  streets,  avenues  and 
lanes  and  alleys,  to  make,  establish,  and  build,  and  construct 
sewers,  and  to  carry  out  a  system  of  sewerage,  to  erect  lamp 
posts,  and  to  build  public  cisterns,  to  drain  the  city  and  to 
take  private  propert^  for  any  of  said  purposes;  first  making 
provision  for  ascertaining  and  payment  of  adequate  and  just 
compensation  for  all  damages  to  the  owners  of  such  property, 
in  such  manner  as  the  Council,  by  ordinance,  may  provide, 
and  to  require  the  owners  of  any  lot  or  piece  of  ground  to  lay 
a  good  and  substantial  sidewalk  along  any  street  or  alley, 
passing  such  lot  or  ground,  in  such  manner  as  the  Council 
may  provide.  The  expenses  of  any  improvement  mentioned 
in  this  section  or  any  portion  thereof,  except  sidewalks,  may 
be  levied  and  assessed  upon  the  real  estate  adjoining  or  bene- 
fited thereby,  with  the  costs  of  proceedings  therein,  in  pro- 
portion as  nearly  as  may  be  to  the  benefits  resulting  thereto ; 
and  may  be  collected  as  in  other  cases.  The  above  assess- 
ments may  be  made  either  by  a  jury,  or  by  commissioners  ap- 
pointed by  the  City  Council,  as  (the)  Council  shall  by  ordi- 
nance provide  ;  and  such  assessments  may  be  levied  and  col- 
lected before  such  improvements  shall  be  made,  according  to 
the  estimated  cost  of  the  same,  as  estimated  by  the  Council, 
and  if  such  estimate  shall  be,  when  collected,  insufficient  to 
make  such  improvements,  then  the  Council  may  make  a  sec- 
ond assessment,  or  may  pay  the  deficiency  out  of  the  general 
fund  of  the  city  as  they  may  deem  best;  all  owners,  or  occu- 
pants, in  front  of,  or  upon  whose  premises  the  Council  shall 
order  and  direct  sidewalks  or  private  drains  communicating 
with  any  main  drain,  to  be  constructed,  repaired,  relaid  or 
cleansed,  shall  make,  repair,  relay,  or  cleanse  such  sidewalk, 
or  private  drain,  at  their  own  cost  and  charge,  in  the  manner 
and  within  the  time  prescribed  by  ordinance,"  or  otherwise,  and 
if  not  done  in  the  manner  and  within  the  time  prescribed,  the 
City  Council  may  cause  the  same  to  be  constructed,  repaired, 
relaid,  or  cleansed,  and  assess  the  expense  thereof  by  an 
order  to  be  entered  in  their  proceedings  upon  such  lots  re- 
spectively, and  collect  the  same  as  in  other  cases.  The  Coun- 
cil may  provide,  by  ordinance  that  suits  may  be  instituted,  in 
any  court  having  jurisdiction,  against  the  respective  owners 


ACTS   OF   INCORPORATION.  173 

of  any  real  estate,  for  the  recovery  of  the  amount  of  the  ex- 
penses and  costs  of  and  special  tax  or  assessment  authorized 
by  this  section,  and  it  may  be  optional  with  the  Council,  which 
remedy  shall  be  pursued. 

§  4.  HORSE  RAILWAYS.]  The  City  Council  shall  have 
power,  by  ordinance,  to  contract  with  horse  railway  com- 
panies as  to  the  manner  of  laying  down  tracks  for  horse  rail- 
ways, and  the  location  of  switches,  turn-outs  and  depots,  and 
to  require  the  companies  constructing  said  railways,  to  plank 
or  otherwise  keep  the  same  in  repair  between  the  rails,  in 
such  manner  as  the  City  Council  may  direct.  To  designate 
the  grade  upon  which  said  railway  shall  be  laid,  and  the  por- 
tion of  the  street  upon  which  the  same  shall  be  laid,  and  to 
require  said  companies  to  keep  in  repair  and  unobstructed, 
suitable  crossings  wherever  said  railway  shall  cross  the  streets, 
alleys,  sidewalks  and  crosswalks  of  said  city ;  and  to  require 
said  companies  to  lay  their  tracks  and  run  their  cars  in  such 
a  mariner  as  shall  not  obstruct  or  hinder  the  ordinary  travel 
upon  the  streets  or  avenues  where  their  tracks  are  laid. 

§  5.  CITY  COUNCIL  MAY  ISSUE  BONDS.]  The  City  Council 
shall  have  power  to  issue  bonds  of  said  city  to  an  amount  not 
exceeding  ten  thousand  dollars,  which  bonds  shall  be  made 
payable  in  not  more  than  twenty  years,  and  shall  bear  a  rate 
of  interest  not  exceeding  ten  per  cent,  per  annum,  for  the 
purpose  of  purchasing  and  equipping  one  or  more  fire  engines, 
and  for  purchasing  or  building  such  buildings  as  may  be  neces- 
sary for  properly  keeping  the  same ;  such  bonds  shall  be  exe- 
cuted and  issued  in  such  manner  as  the  Council  may  provide, 
the  interest  to  be  paid  annually,  or  semi-annually  at  the  option 
of  the  Council. 


174  ACTS   OF  INCORPORATION. 

CHAPTER  VII. 
MISCELLANEOUS  PROVISIONS. 

SECTION  1.  Style  of  ordinance— proof  of  publication. 

"         2.  Ordinances— how  proven. 

3.  Old  ordinances  to  continue  in  force. 

4!  Former  suits,  rights,  etc. 

6.  Property— officers. 

6.  Prior  acts  valid. 

7.  City  exempt  from  costs. 

8.  Appeal  bond— not  required  from  city. 

9.  bulls— where  brought. 

ID.  Compensation  of  Mayor  and  aldermen,  etc. 

11.  Plats  to  be  approved  by  Council. 

1 2.  Conservators  of  the  peace. 

13.  Construction  of  act. 
"       H.  Act  deemed  public. 
"       15.  When  in  force. 

SECTION  1.  STYLE  OF  ORDINANCE — PROOF  OF  PUBLICATION.] 
The  style  of  the  ordinances  of  the  city  shall  be,  "  Be  it  or- 
dained by  the  City  Council  of  the  City  of  Bloomington,"  and 
all  ordinances  passed  by  the  Council,  shall  within  one  month 
after  they  shall  have  been  passed,  be  published  in  some  news- 
paper published  in  the  city,  and  shall  not  be  in  force  until  they 
shall  have  been  published,  as  aforesaid,  and  proof  of  said 
publication  by  the  affidavit  of  the  printer  or  publisher  of  said 
newspaper,  taken  before  any  officer  authorized  to  administer 
oaths,  and  tiled  with  the  City  Clerk,  or  any  other  competent 
proof  of  such  publication,  shall  be  conclusive  evidence  of  the 
legal  publication  and  promulgation  of  such  ordinances  in  all 
courts  or  places. 

§  2.  ORDINANCES — HOW  PROVEN.]  All  ordinances  of  the 
city  may  be  proven  by  a  copy  thereof,  certified  by  the  Clerk, 
under  his  hand,  and  the  corporate  seal  of  the  city,  if 
there  be  one ;  and,  when  printed  and  published  in  book  or 
pamphlet  form,  by  authority  of  the  corporation,  the  same  shall 
be  received  in  evidence  in  all  courts  and  places  without  fur- 
ther proof;  and  the  Council  shall  cause  all  ordinances  of  the 
the  city,  then  in  force,  to  be  revised  and  published  in  book  or 
pamphlet  form  within  twelve  months  after  the  passage  of  this 
act. 

§  3.  ORDINANCES  TO  CONTINUE  IN  FORCE.]  All  ordinances, 
regulations  and  resolutions  now  in  force  in  the  city  of  Bloom- 
ington, and  not  inconsistent  with  this  act,  shall  remain  in  force 
under  this  act,  until  altered,  modified  or  repealed  by  the 
Council,  after  this  act  shall  take  effect. 


ACTS   OF   INCORPORATION.  175 

§  4      FORMER  SUITS,  RIGHTS,  ETC.]    All  actions,  rights,  fines 
penalties  and  forfeitures,  in  suit  or  otherwise,  which  have  ac- 
crued under  the  several  acts,  consolidated  herein,  shall  be 
vested  in  and  prosecuted  by  the  corporation  hereby  created 

§  5.  PROPERTY— OFFICERS.]  All  property,  real,  personal  or 
mixed,  belonging  to  the  city  of  Bloomington,  is  hereby  vested 
in  the  corporation  created  by  this  act ;  and  the  officers  of  said 
corporation,  now  in  office,  shall  respectively  continue  in  the 
same,  until  superseded  in  conformity  to  the  provisions  hereof, 
but  shall  be  governed  by  this  act. 

§  6.  PRIOR  ACTS  VALID.]  This  act  shall  not  invalidate  any 
legal  act  done  by  the  Council  of  the  City  of  Bloomington,or  by 
its  officers,  nor  divest  their  successors, 'under  this  act,  of  any 
rights  of  property  or  otherwise,  or  liability  which  may  have 
accrued  to,  or  been  created  by  the  corporation  prior  to  the 
passage  of  this  act. 

§  7.  CITY  EXEMPT  FROM  COSTS.]  In  all  prosecutions  or  suits 
brought  by  the  City  of  Bloomington,  for  the  violations  of  any 
ordinances,  by-laws  or  police  regulations,  the  said  city  shall  be 
exempt  from  all  court  fees  to  the  same  extent  as  the~State,  by 
the  criminal  laws  thereof,  is  in  criminal  prosecutions. 

§  8.  APPEAL  BOND  NOT  REQUIRED  FROM  CITY.]  When  in  any 
suit  the  City  of  Bloomiugton  shall  pray  an  appeal  from  the 
judgment  of  any  court  of  this  State,  to  a  higher  court,  said  city 
shall  not  be  required  to  tile  an  appeal  bond,  but  such  appeal 
shall  be  granted  without  bond. 

§  9.  SUITS — WHERE  BROUGHT.]  All  suits  or  actions  for 
the  recovery  of  any  fine,  penalty,  or  forfeiture,  arising  under 
this  act,  or  the  ordinances  of  the  city,  where  the  amount  sued 
for  or  in  controversy,  does  not  exceed  one  hundred  dollars, 
may  be  brought  before  any  police  magistrate  of  the  city,  or 
before  any  justice  of  the  peace  in  the  city,  designated  by  the 
Council.  Provided:  That  police  magistrates  and  police  con- 
stables, when  elected  under  any  law  of  this  State,  and  all  jus- 
tices of  the  peace  designated  by  the  Council,  and  called  upon 
to  act  under  any  ordinance,  shall,  in  addition  to  the  bonu  now 
required  by  the  laws  of  this  State,  enter  into  bond  to  the  City 
of  Bloomington,  in  such  sum  as  the  Council  may  direct,  bind- 
ing them  to  make  their  report,  and  pay  over  to  the  Treasurer 
all  moneys  which  may  come  into  their  hands  belonging  to  the 
city,  and  to  obey  and  conform  to  such  police  regulations  as 
may  be  established  l>y  the  Council. 

§  10.  COMPENSATION  OF  MAYOR  AND  ALDERMEN,  ETC.]  The 
Mayor  and  aldermen  of  said  city  shall  each  receive,  in  tull 
compensation  for  their  official  services,  the  sum  of  olio  dollar 


176  ACTS    OF   INCORPORATION. 

per  year  and  no  more  ;  and  neither  the  Mayor  or  any  alder- 
maiTshall,  during  his  term  of  office,  be  appointed  to  or  be  com- 
petent to  hold  any  office  of  which  the  emoluments  are  paid 
from  the  city  treasury,  or  paid  by  fees,  directed  to  be  paid  by 
any  act  or  ordinance  of  the  City  Council,  or  be  directly  or  in- 
directly interested  in  any  contract,  the  expenses  or  considera- 
tion of  which  are  to  be  paid  under  any  ordinance  of  the  City 
Council. 

§  11.  PLATS  TO  BE  APPROVED  BY  COUNCIL.]  In  all  cases 
when  lands  in  or  adjoining  said  city  are  hereafter  sub-divided 
and  laid  out  in  blocks,  lots,  sub-lots,  streets  and  alleys,  or 
when  new  streets  or  public  grounds  are  donated  or  granted 
to  the  public  by  any  person,  the  map  or  plat  thereof  shall  be 
submitted  to  the  City  Council  for  approval ;  if  they  approve 
the  same,  a  certificate  of  such  approval  shall  be  endorsed  upon 
such  map  or  plat,  signed  by  the  Mayor  and  certified  under  the 
seal  of  said  city,  and  no  such  map  or  plat  shall  be  entitled  to 
record  or  have  any  validity  until  so  approved  by  said  Council, 
and  such  map  or  plat  when  so  approved  by  the  City  Council 
shall  be  deemed  legal  and  valid  without  the  approval  of  the 
Board  of  Supervisors  of  McLean  county,  or  any  other  county 
authorities. 

§  12.  CONSERVATORS  OF  THE  PEACE.]  All  officers  of  the 
city,  aldermen  included,  are 'hereby  created  conservators  of 
the  peace  by  this  act,  and  shall  have  power  to  arrest,  or  cause 
to  be  arrested,  with  or  without  process,  all  persons  who  shall 
break,  or  threaten  to  break  the  peace,  and  if  necessary,  detain 
such  persons  in  custody  over  night  in  the  city  jail,  or  other 
safe  place,  and  shall  have  and  exercise  such  other  powers  a^ 
conservators  of  the  peace  as  the  Council  may  prescribe. 

§  13.  CONSTRUCTION  OF  ACT.]  Nothing  in  this  act  con- 
tained shall  be  construed  so  as  to  deprive  the  Council  of  said 
city  of  any  power  or  authority  conferred  upon  the  same,  by  the 
act  under  which  said  city  was  incorporated,  and  the  various 
acts  amendatory  thereto,  but  the  Council  shall  possess  and  en- 
joy all  the  powers  and  authority  heretofore  conferred  upon 
the  same,  except  so  far  as  such  power  and  authority  have  been 
expressly  modified  or  repealed  by  this  act,  or  the  acts  hereto- 
fore mentioned. 

§  14.  ACT  DEEMED  PUBLIC.]  This  act  shall  be  deemed  a 
public  act,  and  may  be  read  in  evidence  without  proof,  and 
judicial  notice  shall  be  taken  thereof  in  all  courts  and  places. 

§  15.  WHEN  IN  FORCE;]  This  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 


ACTS   OF   INCORPORATION.  177 


NUMBER  VIII. 

An  act  to  enable  the  city  of  Bloomington  to  issue  bonds 
and  levy  a  tax  for  the  purpose  of  paying  for  the  grounds 
recently  purchased  in  said  city  by  the  Chicago  and  Alton 
Railroad  Company,  for  their  Machine  Shops. 

[In  force  March  3, 1869.] 

SECTION  1.    Council  empowered  to  issue  bonds  or  levy  a  tax 
"        2.    When  in  force. 

WHEREAS,  The  citizens  of  the  City  of  Bloomington,  in  order 
to  induce  the  Chicago  and  Alton  Railroad  Company  to  erect 
in  said  city  large  and  permanent  shops,  for  the  purpose  of 
doing  the  manufacturing  and  repairing  of  the  machinery  for 
the  operation  of  the  said  Chicago  and  Alton  railroad,  did 
guarantee  to  said  railroad  company  that,  if  said  company 
should  purchase  within  said  city  the  necessary  grounds  for 
said  purpose,  and  pay  for  the  same,  and  erect  in  said  city  per- 
manent shops  for  said  purpose,  that  the  said  city  would  repay 
to  the  said  company  the  entire  cost  of  said  grounds,  together 
with  interest  on  the  same  at  the  rate  of  ten  per  cent,  per 
annum,  from  and  after  its  expenditure,  within  the  period  of 
two  years  from  and  after  the  first  day  of  April,  1868  ;  and 

WHEREAS,  The  said  company  did  purchase  and  pay  for, 
within  said  city,  grounds  for  said  purpose,  at  a  cost  to  said 
company  of  about  $50,000,  and  have  partly  erected  and  have 
in  the  course  of  erection,  large,  elegant  and  substantial  build- 
ings, for  the  purpose  of  said  shops:  therefore, 

SECTION  1.  COUNCIL  EMPOWERED  TO  ISSUE  BONDS  OR  LEVY  A 
TAX.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  Mayor  and  Council 
of  the  City  of  Bloomington,  in  the  county  of  McLean,  in  the 
State  of  Illinois,  be  and  they  are  hereby  empowered  and  direct- 
ed to  either  issue  the  bonds  of  said  city,  in  five  equal  install- 
ments, due  in  one,  two,  three,  four  and  five  years  from  and 
after  the  first  day  of  April,  1869,  with  interest  coupons— bonds 
and  coupons  payable  at  the  ofiice  of  the  Treasurer  of  said  city, 
bearing  interest  at  the  rate  of  ten  per  cent,  per  annum,  and 
one-fifth  of  said  bonds  to  fall  due  annually— to  an  amount  suf- 
ficient to  reimburse  said  company  the  entire  cost  of  said 
ground,  together  with  ten  per  cent,  interest  thereon,  from  and 
after  the  same  was  expended  by  said  company,  and  to  levy  a 
—23 


178  ACTS   OF  INCORPORATION. 

tax  upon  all  taxable  property  in  eaid  city,  sufficient  to  pay 
the  principal  and  interest  of  said  bonds,  as  they  severally  fall 
due:  or,  in  their  discretion,  they  may  levy  a  tax  at  once  upon 
the  taxable  property  of  said  city,  sufficient  to  reimburse  said 
company  for  the  money  expended  in  the  purchase  of  said 
ground,  and  interest  on  fhe  same  at  the  rate  of  ten  per  cent, 
per  annum,  from  and  after  the  time  it  was  so  expended  by  said 
company ;  and  they  shall  either  issue  said  bonds  and  com- 
mence the  levy  of  a  tax  for  the  payment  of  the  principal 
and  interest  on  them,  as  above,  or  levying  the  tax  for  the 
payment  of  the  entire  sum,  as  above,  within  six  months  after 
the  passage  of  this  act. 

§  2.  WHEN  IN  FORCE.]  This  act  shall  be  in  force  from  and 
after  its  passage,  and  shall  be  dqemed  and  taken  in  all  courts 
and  elsewhere  as  a  public  act. 

This  bill  having  been  returned  by  the  Governor  with  objections 
thereto,  and  after  reconsideration  having  passed  both  houses  by  a  con- 
stitutional majority,  it  has  become  a  law  this  third  day  of  March,  A.  D. 
1869.  EDWABD  RUM  MEL, 

SECRETARY  OF  STATE. 


NUMBER  IX. 
An  act  to  amend  the  charter  of  the  city  of  Bloomington. 

[In  force  March  8th,  1869.] 

"13KCTION 1.  City  Council  may  license  insurance  companies,  etc, 

"        2.  Appeals. 

"        3'  Ordinances — evidence  of. 

"        4.  Pay  of  Mayor  and  aldermen. 

"        5.  Repeal. 

8.  Registry — when  not  necessary. 

"        7.  Act  deemed  public. 

SECTION  1.  CITY  COUNCIL  MAY  LICENSE  INSURANCE  COMPAN- 
PANIES,  ETC.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois 
represented  in  the  General  Assembly :  That,  in  addition  to  the 
powers  conferred  upon  the  City  Council  of  the  City  of  Bloom- 
ington by  the  charter  of  said  city,  said  City  Council  shall  have 
power  by  ordinance  to  license,  tax  and  regulate  butchers  and 
dealers  in  fresh  meats,  insurance  companies  and  insurance 
agents.  Provided,  That  when  any  insurance  company  shall  be 
required  to  pay  a  license  for  doing  business  in  said  city,  such 
company  and  the  agent  thereof  shall  be  exempt  by  reason  of 
the  payment  of  such  license  from  the  tax  imposed  by  section 
two  (2),  Chapter  five  (5)  of  the  charter  of  said  city.  Said  City 


ACTS   OF   INCORPORATION.  179 

Council  shall  also  have  power  to  levy  and  collect  annually  a 
tax,  not  to  exceed  two  (2)  mills  on  the  dollar,  on  all  taxable 
real  and  personal  property  in  said  city— to  defray  the  expense 
ot  lighting  the  streets  of  said  city,  in  addition  to  the  amount 
now  authorized  by  the  charter  of  said  city,  to  be  levied  and 
collected  for  that  purpose. 

§  2.  APPEALS.]  Whenever  any  appeal  shall  be  taken 
from  the  judgment  of  any  justice  of  the  peace  or  police  magis- 
trate of  said  city,  as  provided  for  in  section  two  (2)  of  chap- 
ter six  (6),  of  the  charter  of  said  city,  either  party  shall  have 
the  right  to  introduce  additional  evidence,  on  the  trial  of  such 
appeal  in  the  appellate  court ;  but  if  no  additional  evidence 
shall  be  produced,  then  such  appeal  shall  be  heard  on  the  bill 
of  exceptions,  as  provided  in  said  charter.  Provided,  That  the 
party  offering  the  testimony  so  preserved  in  such  bill  of  ex- 
ceptions, shall  have  had  issued  in  apt  time  a  subpoena  from 
the  appellate  court  to  the  sheriff  of  the  county  where  such 
cause  is  pending,  for  such  witness  or  witnesses. 

§  3.  ORDINANCES,  EVIDENCE  OF.]  All  ordinances  of  said 
city  may  be  proved  by  a  copy  thereof,  certified  by  the  Clerk 
of  said  city,  and  the  corporate  seal  thereof,  if  there  be  one,  or 
by  the  record  of  such  ordinance.  The  publication  of  any  and 
all  ordinances  may  be  proved  by  the  certificate  of  the  publish- 
ers or  one  of  them,  or  by  the  oral  testimony  of  any  compe- 
tent witness ;  and  when  the  ordinances  of  said  city  shall  be 
printed  and  published  in  book  or  pamphlet  form  by  authority 
of  said  City  Council,  the  same  shall  be  received  in  evidence  in 
in  all  courts  and  places  without  further  proof. 

§  4.  PAY  OF  MAYOR  AND  ALDERMEN.]  The  Mayor  of  said 
city  shall  receive  for  his  services  such  sum  as  may  be  fixed  by 
the  City  Council  of  said  city,  not  exceeding  the  rate  of  five 
hundred  dollars  per  annum.  Each  alderman  of  said  city 
shall  receive  for  bis  services  such  sum  as  may  be  fixed  by  or- 
dinance, not  exceeding  three  dollars  for  each  meeting  of  the 
City  Council  of  said  city,  actually  attended  by  him. 

§  5.  REPEAL.]  Paragraph  seven  (7)  of  chapter  five  (5), 
section  two  (2)  of  chapter  seven  (7),  and  section  ten  (10)  of 
chapter  seven  (7),  of  the  charter  of  said  city  of  Bloomingtun, 
are  hereby  repealed, 

§  6.  REGISTRY — WHEN  NOT  NECESSARY.]  No  registration  of 
voters  shall  be  necessary  prior  to  an  election  for  members  of 
the  Board  of  Education  of  said  city  :  Provided,  no  other 
officer  than  members  of  said  Board  of  Education  is  to  be 
elected  at  such  election. 

§  7.  ACT  DEEMED  PUBLIC.]  This  act  shall  be  deemed  a 
public  act,  and  be  in  force  from  and  after  its  passage. 


180  ACTS   OF  INCORPORATION. 


NUMBER  X. 

An  Act  to  Authorize  the  City  of  Bloomington  to  issue  Bonds 
for  Sewerage. 

[Approved  March  31, 1869.    In  force  June  19, 1869.] 

SECTION  1.    Issue  of  bonds  authorized. 
"        2.   Sewerage. 

SECTION  1.  ISSUE  OF  BONDS  AUTHORIZED.]  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly:  That  the  city  of  Bloomington  is  hereby  authorized 
to  issue  bonds,  not  exceeding  in  amount  the  sum  of  $50,000, 
and  not  exceeding  in  any  one  year  the  sum  of  $10,000,  of 
such  denominations  as  the  City  Council  of  said  city  shall  de- 
termine, to  draw  interest  at  a  rate  not  to  exceed  ten  per  cent. 
per  annum,  payable,  annually,  at  the  treasury  of  said  city. 
Said  bonds  shall  be  made  redeemable  from  time  to  time,  as 
said  City  Council  shall  direct,  at  its  treasury  in  Bloomington  : 
Provided,  that  the  redemption  of  said  bonds  shall  not  be  ex- 
tended longer  than  twenty  years.  No  bond  shall  be  issued 
except  by  special  order  of  the  Council  of  said  city,  at  a  regu- 
lar meeting  thereof,  to  be  entered  on  the  records  of  said  Coun- 
cil. Each  bond  shall  be  numbered,  signed  by  the  Mayor  and 
Clerk  of  said  city,  and  have  the  seal  of  said  city  affixed,  and 
be  countersigned  by  the  Treasurer  of  said  city.  The  Clerk  and 
treasurer  shall  both  keep  a  particular  record  of  the  number, 
denomination,  date,  and  the  time  when  each  bond  so  issued 
shall  be  redeemable. 

§  2.  SEWERAGE.]  Said  bonds  shall  be  sold  or  negotiated 
to  defray  the  expenses  of  a  general  system  of  sewerage,  which 
may  be  adopted  and  carried  out  in  said  city,  and  for  no  other 
purpose ;  and  no  bond  or  bonds  shall  be  issued  till  the  pro- 
ceeds thereof  shall  be  needed  to  pay  for  materials  or  labor,  or 
both,  then  contracted  for  such  sewerage.  The  proceeds  aris- 
ing from  the  sale  of  any  of  said  bonds  shall  be  kept  and  ac- 
counted for  by  the  treasurer  of  said  city,  separate  and  inde- 
pendent from  all  other  funds. 


ACTS   OF  INCORPORATION. 


181 


NUMBER  XL 
SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 


..-=•/.      ,, — .-/ State  of  Illinois 

provide  for  the  incorporation  of  cities 

^ulyl?^  ^SSt^^ffgSgJSSj^  <*  Bloomln*- 


SECTION  l. 

2. 

3. 

4. 

5. 
"  6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 


Powers  conferred. 

Ordinance  for  improvement. 

When  property  is  to  be  taken,  etc. 

Petition. 

Form  of  petition. 

Summons  —  publication  —  notice. 

Hearing—  jury. 

Jury  to  ascertain  compensation—  admitting  other  parties 

Viewing  premises—  ownership,  etc. 

Judgment—  new  parties—  further  proceedings 

Powers  of  court. 

Ownership—  further  powers  of  court 

Persons  under  disability. 

Judgment  —  effect—  appeal,  etc. 

Order  for  possession. 

When  improvement  made  by  general  tax. 

Special  taxation. 

SPECIAL  ASSESSMENTS. 

18.  How  made. 

19.  Ordinance  for  sidewalks  —  owner's  rights. 

20.  Estimate  of  cost. 

21.  Order  for  proceedings  in  court. 

22.  Petition  to  court. 

23.  Appointment  of  commissioners—  oath. 

24.  Duty  of  commissioners. 

25.  (Repealed.) 

26.  Assessment  roll  —  return  of  roll, 

27.  Notice  by  mail,  posting  and  publication. 

28.  Proof  of  notice. 

29.  Continuance  when  notice  not  in  time. 

30.  Objections—  judgment  by  default. 

31.  Hearing—  jury. 

32.  Precedence. 

33.  Court  may  modify,  etc.,  the  assessment. 

34.  Judgment  several  —  appeal,  etc.  —  lien, 

35.  Judgment  certified  to  City  Clerk—  filing—  warrant. 

36.  Form  of  warrant. 

37.  Collector's  notice—  form  of. 

38.  Manner  of  collecting  —  entry  of  payment. 

39.  Report  of  delinquent  list  to  County  ^Collector  —  evidence  —  defence. 

40.  Application  for  judgment—  what  laws  govern. 

41.  heturn  of  sales  —  redemption. 

42.  Penalty  when  lands  paid  are  sold  for  tax,  etc. 

43.  Paying  over  compensation. 

44.  General  revenue  laws  apply. 

45.  City  or  village  may  buy  in. 

46.  When  assessment  set  aside—  new  assessment. 

47.  Supplemental  assessments. 

48.  New  assessments  against  delinquents  —  lien  —  limitation. 

49.  Contracts  payable  from  assessments. 

50.  How  contracts  let  —  approval. 

51.  Lien. 

52.  Collection  of  assessment  by  suit. 

53.  Supplemental  petition  to  assess  benefits  In  condemnation  cases. 

54.  Adoption  of  this  article. 

SECTION  1.  POWERS  CONFERRED.]  That  the  corporate 
authorities  of  cities  and  villages  are  hereby  vested  with  power 
to  make  local  improvements  by  special  assessment  or  by  spe- 
cial taxation,  or  both,  of  contiguous  property,  or  general  tax- 


182  ACTS   OF   INCORPORATION. 

ation  or  otherwise,  as  they  shall  by  ordinance  prescribe.  [See 
Const.,  art.  9,  sec.  9 ;  "  Plats,"  ch.  109,  sec.  1-10. 

§  2.  ORDINANCE  FOR  IMPROVEMENT.]  When  any  such  city 
or  village  shall,  by  ordinance,  provide  for  the  making  of  any 
local  improvement,  it  shall  by  the  same  ordinance,  prescribe 
whether  the  same  shall  be  made  by  special  assessment  or  by 
special  taxation  of  contiguous  property,  or  general  taxation, 
or  both. 

§  3.  WHEN  PROPERTY  is  TAKEN,  ETC.]  Should  said  ordi- 
nance provide  for  improvements  which  require  the  taking  or 
damaging  of  property,  the  proceeding  for  making  just  com- 
pensation therefor  shall  be  as  follows  : 

§  4.  PETITIONS.]  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authority  of  any  such  city  or  village, 
for  the  making  of  any  improvement  mentioned  in  the  first  sec- 
tion of  this  act,  or  any  other  local  improvement  that  such  city 
or  village  is  authorized  to  make,  the  making  of  which  will 
require  that  private  property  be  taken  or  damaged  for  public 
use,  such  city  or  village  shall  file  a  petition  in  some  court  of 
record  of  the  county  in  which  such  city  is  situated,  in  the 
name  of  the  city,  praying  that  "  the  just  compensation  to  be 
made  for  private  property  to  be  taken  or  damaged  for  the 
improvement  or  purpose  specified  in  such  ordinance  shall  be 
ascertained  by  a  jury."  [See  Const,  sec.  2,  art.  3. 

§  5.  FORM  OF  PETITION.]  Such  petition  shall  contain  a  copy 
of  the  said  ordinance,  certified  by  the  clerk,  under  the  corpo- 
porate  seal ;  a  reasonably  accurate  description  of  the  lots,  par- 
cels of  land  and  property  which  will  be  taken  or  damaged, 
and  the  names  of  the  owners  and  occupants  thereof,  so  far  as 
known  to  the  board  or  officer  filing  the  petition,  and  where 
any  known  owners  are  non-residents  of  the  State,  stating  the 
fact  of  such  non-residence.\ 

§  6.  SUMMONS — PUBLICATION — NOTICE.]  Upon  the  filing  of 
the  petition  aforesaid,  a  summons,  which  may  be  made  return- 
able upon  any  day  in  term  time,  shall  be  issued  and  served 
upon  the  persons  made  parties  defendant  as  in  cases  in  chan- 
cery. And  in  case  any  of  them  are  unknown,  or  reside 
out  of  this  State,  the  clerk  of  the  court,  upon  an  affidavit  being 
filed  showing  such  fact,  shall  cause  publication  to  be  made  in 
some  newspaper  printed  in  his  county,  or  if  there  be  no  news- 
paper published  in  his  county,  then  in  some  newspaper  pub- 
lished in  this  State,  containing  notice  of  the  pendency  of  such 
proceeding,  the  parties  thereto,  the  title  of  the  court,  and  the 
time  and  place  of  the  return  of  the  summons  in  the  case  and 
the  nature  of  said  proceeding ;  such  publication  to  be  made 


ACTS   OP  INCORPORATION.  183 

for  four  weeks  consecutively,  at  least  once  in  each  week,  the 
first  of  which  shall  be  at  least  thirty  days  before  the  return 
day  of  such  summons.  Notices  so  given  by  publication  shall 
be  sufficient  to  authorize  the  court  to  hear  and  determine  the 
suit,  as  though  all  parties  had  been  sued  by  their  proper 
names  and  had  been  personally  served.  [As  amended  by  act 
approved  and  in  force  March  30,  1874. 

§  7.  HEARING — JURY.]  Upon  the  return  of  said  summons 
or  as  soon  thereafter  as  the  business  of  the  court  will  permit, 
the  said  court  shall  proceed  to  the  hearing  of  such  petition, 
and  shall  impanel  a  jury  to  ascertain  the  just  compensation 
to  be  paid  to  all  of  such  owners  and  occupants  aforesaid;  but 
if  any  defendant  or  party  in  interest  shall  demand,  or  the  court 
shall  deem  it  proper,  separate  juries  may  be  impaneled  as  to 
the  compensation  or  damages  to  be  paid  to  any  one  or  more  of 
such  defendants  or  parties  in  interest.  [As  amended  by  act 
approved  and  in  force  March  30,  1874. 

§  8.  JURY  TO  ASCERTAIN  COMPENSATION — ADMITTING  OTHER 
PARTIES.]  Such  jury  shall  also  ascertain  the  just  compensa- 
tion to  be  paid  to  any  person  claiming  an  interest  in  any  lot, 
parcel  of  land,  or  property  which  may  be  taken  or  damaged 
by  such  improvement,  whether  or  not  such  person's  name,  or 
such  lot,  parcel  of  land,  or  other  property,  is  mentioned  or 
described  in  such  petition :  Provided,  Such  person  shall  first  be 
admitted  as  a  party  defendant  to  said  suit  by  such  court,  and 
shall  file  a  statement  of  his  interest  in  and  description  of  the 
lot,  parcel  of  land,  or  other  property,  in  respect  to  which  he 
claims  compensation. 

§  9.  VIEWING  PREMISES— OWNERSHIP,  ETC.]  The  court  may, 
upon  the  motion  of  such  city  or  village,  or  of  any  person 
claiming  any  such  compensation,  direct  that  said  jury  (under 
the  charge  of  an  officer  of  the  court)  shall  view  the  premises 
which  it  is  claimed  by  any  party  to  said  proceeding  will  be 
taken  or  damaged  by  said  improvement,  and  in  any  case, 
where  there  is  no  satisfactory  evidence  given  to  the  jury  as  to 
the  ownership  of,  or  as  to  the  extent  of  the  interest  of  any  de- 
fendant in  the  property  to-be  taken  or  damaged,  the  jury  may 
return  their  verdict  as  to  the  compensation  or  damage  to  be 
paid  for  the  property  or  part  of  property  to  be  taken  or  dam- 
aged, and  for  the  entire  interests  therein.  [As  amended  by 
act  approved  and  in  force  March  30,  1874. 

$  10     JUDGMENT  — NEW  PARTIES  — FURTHER  PROCEEDINGS.] 
Upon  the  return  of  such  verdict  the  court  shall  order  the  same 
to  be  recorded,  and  shall  enter  such  judgment  or  decree 
on  as  the  nature  of  the  case  may  require.     The  court  shall 


184  ACTS   OF  INCORPORATION. 

continue  or  adjourn  the  cause,  from  time  to  time,  as  to  all  oc- 
cupants and  owners  named  in  such  petition  who  shall  not 
have  been  served  with  process,  or  brought  in  by  publication, 
and  shall  order  a  new  summons  to  issue  and  new  publication 
to  be  made  ;  and  upon  such  occupants  or  owners  being  brought 
into  court,  shall  impanel  a  jury  to  ascertain  the  compensation 
so  to  be  paid  to  such  defendant  or  defendants,  for  private 
property  taken  or  damaged;  and  like  proceedings  shall  be  had 
for  such  purpose  as  hereinbefore  provided  for  the  ascertaining 
of  compensation  to  other  owners. 

§  11.  POWERS  OF  COURT.]  The  court  shall  have  power,  at 
any  time,  upon  proof  that  any  such  owner  or  owners  named  in 
such  petition,  who  has  not  been  served  with  process,  has 
ceased  to  be  such  owner  or  owners  since  the  filing  of  such  pe- 
tition, to  impanel  a  jury  and  ascertain  the  just  compensation 
to  be  made  for  the  property  (or  the  damage  thereto)  which 
had  been  owned  by  the  person  or  persons  so  ceasing  to  own 
the  same ;  and  the  court  may,  upon  any  finding  or  findings  of 
any  jury  or  juries,  or  at  any  time  during  the  course  of 
such  proceedings,  enter  such  order,  rule,  judgment  or  decree, 
as  the  nature  of  the  case  may  require. 

§  12.  OWNERSHIP — FURTHER  POWERS  OF  COURT.]  No  delay 
in  making  an  assessment  of  compensation  shall  be  occa- 
sioned by  any  doubt  or  contest  which  may  arise  as  to  the 
ownership  of  the  property,  or  any  part  thereof,  or  as  to  the 
interests  of  the  respective  owners  or  claimants,  but  in  such 
case  the  court  may  impanel  a  jury  and  ascertain  the  entire 
compensation  or  damage  that  should  be  paid  for  the  property, 
or  part  of  property,  and  the  entire  interests  of  all  parties  there- 
in, and  may  require  adverse  claimants  to  interplead  so  as  to 
fully  determine  their  rights  and  interests  in  the  compensation 
so  ascertained.  And  the  court  may  make  such  order  as  may 
be  necessary  in  regard  to  the  deposit  or  payment  of  such  com- 
pensation. 

§  13.  PERSONS  UNDER  DISABILITY.]  When  it  shall  appear 
from  said  petition  or  otherwise,  at  any  time  during  the  pro- 
ceedings upon  such  petition,  that  any  infant,  or  insane  or  dis- 
tracted person,  is  interested  in  any  property  that  is  to  be  taken 
or  damaged,  the  court  shall  appoint  a  guardian,  ad  litem,  for 
such  infant,  or  insane  or  distracted  person  to  appear  and  de- 
fend for  him,  her  or  them ;  and  the  court  shall  make  such 
order  or  decree  as  it  shall  deem  proper  to  protect  and  secure 
the  interest  of  such  infant,  or  insane  or  distracted  person,  in 
such  property,  or  the  compensation  which  shall  be  awarded 
therefor. 


ACTS   OF    INCORPORATION.  ]g5 

§  14.  JUDGMENT— EFFECT— APPEAL,  ETC.]  Any  final  judg- 
ment or  judgments  rendered  by  said  court,  upon  any  finding 
or  findings  of  any  jury  or  juries,  shall  be  a  lawful  and  sufficient 
condemnation  of  the  land  or  property  to  be  taken  upon  the 
payment  of  the  amount  of  such  finding  as  hereinafter  pro- 
vided. It  shall  be  final  and  conclusive  as  to  the  damages 
caused  by  such  improvement,  unless  such  judgment  or  jud°-- 
ments  shall  be  appealed  from;  but  no  appeal  or  writ  of  error 
upon  the  same  shall  delay  proceedings  under  said  ordinance, 
if  such  city  or  village  shall  deposit,  as  directed  by  the  court, 
the  amount  of  the  judgment  and  costs,  and  shall  file  a  bond 
in  the  court  in  which  such  judgment  was  rendered,  in  a  sum 
to  be  fixed  and  with  security  to  be  approved  by  the  judge  of 
said  court,  which  shall  secure  the  payment  of  any  future  com- 
pensation which  may  at  that  time  be  finally  awarded  to  such 
party  so  appealing  or  suing  out  such  writ  of  error,  and  his  or 
her  costs. 

§15.  ORDER  FOR  POSSESSION.]  The  court,  upon  proof  that 
said  just  compensation  so  found  by  the  jury  has  been  paid  to 
the  person  entitled  thereto  or  has  been  deposited  as  directed 
by  the  court  (and  bond  given  in  case  of  any  appeal  or  writ  of 
error,)  shall  enter  an  order  that  the  city  or  village  shall  have 
the  right,  at  any  time  thereafter,  to  take  possession  of  or 
damage  the  property,  in  respect  to  which  such  compensation 
shall  have  been  so  paid  or  deposited,  as  aforesaid. 

§  16.  WHEN  IMPROVEMENT  MADE  BY  GENERAL  TAX.]  When 
the  ordinance  under  which  said  improvement  is  ordered  to  be 
made  shall  provide  that  such  improvement  shall  be  made  by 
general  taxation,  the  cost  of  such  improvement  shall  be  added 
to  the  general  appropriation  bill  of  such  city  or  village,  and 
shall  be  levied  and  collected  with  and  as  a  part  of  the  general 
taxes  of  such  city  or  village. 

§  17.  SPECIAL  TAXATION.]  When  said  ordinance  under 
which  said  local  improvement  shall  be  ordered  shall  provide 
that  such  improvement  shall  be  made  by  special  taxation  of 
contiguous  property,  the  same  shall  be  levied,  assessed  and 
collected  in  the  way  provided  in  the  sections  of  this  act  pro- 
viding for  the  mode  of  making,  levying,  assessing  and  collect- 
ing special  assessments. 

SPECIAL  ASSESSMENTS. 

§  18.     How  MADE.]     When  the  ordinance  under  which  said 

local  improvement  is  ordered  to  be  made  shall  provide  that 

such  improvement  shall  be  wholly  or  in  part  made  by  special 

assessment,  the  proceedings  for  the  making  such  special  asseee- 

—24 


186  ACTS   OF  INCORPORATION. 

merits  shall  be  in  accordance  with  the  sections  of  this  act  (arti- 
cle) from  18  to  51  inclusive. 

§  19.  ORDINANCE  FOR  SIDEWALKS — OWNER'S  RIGHTS.]  When- 
ever such  local  improvements  are  to  be  made  wholly  or  in  part 
by  special  assessment,  the  said  Council  in  cities  or  Board  of 
Trustees  in  villages,  shall  pass  an  ordinance  to  that  effect, 
specifying  therein  the  nature,  character,  locality  and  descrip- 
tion of  sueh  improvement :  Provided,  That  whenever  any  such 
ordinance  shall  provide  only  for  the  building  or  renewing  of 
any  sidewalk,  the  owner  of  any  lot  or  piece  of  land  fronting 
on  such  sidewalk  shall  be  allowed  fifteen  days  after  the  time  at 
which  such  ordinance  shall  take  effect  in  \v-hich  to  build  or  renew 
such  sidewalk  opposite  his  land,  and  thereby  relieve  the  same 
from  assessment :  Provided,  That  the  work  so  to  be  done  shall 
in  all  respects  conform  to  the  requirements  of  such  ordi- 
nance. 

§  20.  ESTIMATE  OF  COST.]  The  City  Council  or  Board  of 
Trustees  shall  appoint  three  of  its  members,  or  any  other  three 
competent  persons,  who  shall  make  an  estimate  of  the  cost  of 
the  improvement  contemplated  by  such  ordinance,  including 
labor,  materials  and  all  other  expenses  attending  the  same, 
and  the  cost  of  making  and  levying  the  assessment,  and  shall 
report  the  same  in  writing  to  said  Council  or  Board  of  Trustees. 

§  21.  ORDER  FOR  PROCEEDINGS  IN  COURT.]  On  such  report 
being  made,  and  approved  by  the  Council  or  Board  of  Trustees, 
as  the  case  may  be,  it  may  order  a  petition  to  be  filed  by  such 
officer  as  it  shall  direct,  in  the  county  court  of  its  county,  for 
proceedings  to  assess  the  cost  of  such  improvement  in  the 
manner  provided  in  this  act. 

§  22.  PETITION  TO  COURT.]  The  petition  shall  be  in  the 
name  of  the  corporation,  and  shall  recite  the  ordinance  for  the 
proposed  improvement  and  the  report  of  such  commission, 
and  shall  pray  that  the  cost  of  such  improvement  may  be 
assessed  in  the  manner  prescribed  by  law. 

§  23.  APPOINTMENT  OF  COMMISSIONERS — OATH.]  Upon  the 
filing  of  such  petition  the  court  shall  appoint  three  competent 
persona  as  commissioners,  who  shall  take  and  subscribe  an 
oath,  in  substance  as  follows,  to-wit ; 

STATE  OF   ILLINOIS,  \ 

COUNTY.          /  ss> 

We,   the    undersigned,    commissioners   appointed   by   the 

county  court  of county,  to  assess  the  cost  of  — 

(here  state  in  general  terms  the  improvement)  do  solemnly 
swear  (or  affirm  as  the  case  may  be)  that  we  will  a  true  and 


ACTS   OF   INCORPORATION.  187 

impartial  assessment  make  of  the  cost  of  said  improvement  upon 

the  city  (or  village)  of  ,  and  the  property  benefited  by 

such  improvement  to  the  best  of  our  ability,  and  according  to 
law. 

§  24.  DUTY  OF  COMMISSIONERS.]  It  shall  be  the  duty  of 
such  commissioners  to  examine  the  locality  where  the  im- 
provement is  proposed  to  be  made,  and  the  lots,  blocks,  tracts 
and  parcels  of  land  that  will  be  specially  benefited  thereby, 
and  to  estimate  what  proportion  of  the  total  cost  of  such  im- 
provement will  be  of  benefit  to  the  public,  and  what  propor- 
tion thereof  will  be  of  benefit  to  the  property  to  be  benefited, 
and  apportion  the  same  between  the  city  or  village  and  such 
property,  so  that  each  shall  bear  its  relative  equitable  propor- 
tion ;  and  having  found  said  amounts,  to  apportion  and  assess 
the  amount  so  found  to  be  of  benefit  to  the  property  upon  the 
several  lots,  blocks,  tracts  and  parcels  of  land  in  the  proportion 
in  which  they  will  be  severally  benefited  by  such  improve- 
ment ;  Provided,  That  no  lot,  block,  tract  or  parcel  of  land 
shall  be  assessed  a  greater  amount  than  it  will  be  actually  ben- 
efited ;  And  provided,  further,  that  it  shall  not  be  necessary  for 
said  commissioners  to  examine  the  locality  except  where  the 
ordinance  provides  for  the  opening,  widening  or  improvement 
of  streets  and  alleys.  [As  amended  by  act  approved  and  in 
force  March  30,  1874. 

§  25.     (Repealed  by  act  approved  April  25,  1873.) 

§  26.  ASSESSMENT  ROLL — RETURN.]  They  shall  also  make 
or  cause  to  be  made  an  assessment  roll,  in  which  shall  appear 
the  names  of  the  owners,  so  far  as  known,  a  description  of  each 
lot,  block,  tract  or  parcel  of  land,  and  the  amounts  assessed  as 
special  benefits  thereto,  and  in  which  they  shall  set  down  as 
against  the  city  or  village  the  amount  they  shall  have  found 
as  public  benefit,  and  certify  such  assessment  roll  to  the  court 
by  which  they  were  appointed,  at  least  ten  days  before  the 
first  day  of  the  term  at  which  a  final  hearing  thereon  shall  be 
had.  [As  amended  by  act  approved  and  in  force  March  30, 
1874. 

§  27.  NOTICE  BY  MAIL,  POSTING  AND  PUBLICATION.]  It  shall 
also  be  the  duty  of  such  commissioners  to  give  notice  of  such 
assessment,  and  of  the  term  of  court  at  which  a  final  hearing 
thereon  will  be  had,  in  the  following  manner : 

First— They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them, 
a  notice  substantially  in  the  following  form  : 

Mr. ,  your  (here  give  a  short  description  of  the 

premises)  is  assessed  $ for  public  improvement.  The 


188  ACTS   OP  INCORPORATION. 

asssessmeut  roll  will  be  returned  to  the  term  of  the 

county  court  of county,  , 

5 

(Here  give  date.)  , 

Commissioners. 

Second — They  shall  cause  at  least  ten  days'  notice  to  be 
given,  by  posting  notices  in  at  least  four  public  places,  in  such 
city  or  village,  two  of  which  shall  be  in  the  neighborhood  of 
such  proposed  improvement ;  and  when  a  daily  newspaper  is 
published  in  such  city  or  village,  by  publishing  the  same  at 
least  five  successive  days  in  such  daily  newspaper,  or  if  no 
daily  newspaper  is  published  in  such  city  or  village,  and  a 
weekly  newspaper  is  published  therein,  then  at  least  once  in 
each  week,  for  two  successive  weeks,  in  such  weekly  newspa- 
per, or  if  no  daily  or  weekly  newspaper  is  published  in  such 
city  or  village,  then  in  a  newspaper  published  in  the  county  in 
which  such  city  or  village  is  situated.  The  notice  may  be 
substantially  as  follows : 

SPECIAL    ASSESSMENT    NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the 
City  Council  (or  board  of  trustees,  as  the  case  may  be,)  of 

,  having  ordered  that  (here  insert  the  description  and 

nature  of  improvements  substantially  as  in  ordinance,)  have 
applied  to  the  County  Court  of county  for  an  assess- 
ment of  the  cost  of  said  improvements,  according  to  bene- 
fits ;  and  an  assessment  thereof  having  been  made  and  re- 
turned to  said  court,  the  final  hearing  thereon  will  be  had  at 

the term  of  said  court,  commencing  on  the day 

of A.  D.  18 — .  All  persons  desiring  may  then  and 

there  appear  and  make  their  defense. 

(Here  give  date.)  


Commissioners. 

[As  amended  by  act  approved  April  25,  1873;  in  force 
July  1,  1873. 

§  28;  PfiaoF  OF  NOTICE.]  On,  or  before  the  final  hearing, 
the  affidavit  of  one  or  more  of  the  commissioners,  shall  be 
filed  in  said  court,  stating  that  they  have  sent,  or  caused  to  be 
sent  by  mail,  to  the  owners  whose  premises  have  been  as- 
sessed, and  whose  name  and  place  of  residence  are  known  to 
them,  the  notice  herein  before  required  to  be  sent  by  mail  to 
owners  of  premises  assessed.  They  shall  also  cause  to  be 
tiled  the  affidavit  of  the  person  who  shall  have  posted  the 


ACTS   OF   INCORPORATION.  189 

notices  required  by  this  act  to  be  posted,  setting  forth  when 
and  in  what  manner  the  same  were  posted.  Such  affidavits 
shall  be  received  as  prima  facie  evidence  of  a  compliance  with 
this  act  in  regard  to  giving  such  notices.  They  shall  also  tile 
a  certificate  of  publication  of  said  notice  in  like  manner  as  is 
required  in  other  cases  of  publication  of  notices.  [As 
amended  by  act  approved  April  25,1873;  in  force  July  1,1873. 

§  29.  CONTINUANCE  WHEN  NOTICE  NOT  IN  TIME.]  If  ten  days 
shall  not  have  elapsed  between  the  first  publication,  or  the 
putting  up  of  such  notices,  and  the  first  day  of  the  next 
term  of  such  court,  the  hearing  shall  be  continued  until  the 
next  term  of  court. 

§  30.  OBJECTIONS — JUDGMENT  BY  DEFAULT.]  Any  person 
interested  in  any  real  estate  to  be  affected  by  such  assess- 
ment, may  appear  and  file  objections  to  such  report,  and  the 
court  may  make  such  order  in  regard  to  the  time  of  filing 
such  objections  as  may  be  made  in  cases  at  law  in  regard  to 
the  time  of  filing  pleas.  As  to  all  lots,  blocks,  tracts  and 
parcels  of  land  to  the  assessment  of  which  objections  are  not 
filed  within  the  time  ordered  by  the  court,  default  may  be 
entered,  and  the  assessment  confirmed  by  the  court. 

§  31.  HEARING — JURY.]  On  the  hearing,  the  report  of  the 
commissioners  shall  be  competent  evidence,  and  either  party 
may  introduce  such  other  evidence  as  may  tend  to  establish 
the  right  of  the  matter.  The  hearing  shall  be  conducted  as 
in  other  cases  at  law,  and  if  it  shall  appear  that  the  premises 
of  the  objector  are  assessed  more  or  less  than  they  will  be 
benefited,  or  more  or  less  than  their  proportionate  share  of 
the  cost  of  the  improvement,  the  jury  shall  so  find,  and  also 
find  the  amount  for  which  such  premises  ought  to  be  as- 
sessed, and  judgment  shall  be  rendered  accordingly. 

§  32.  PRECEDENCE.]  The  hearing,  in  all  cases,  arising 
under  this  act,  shall  have  precedence  over  all  other  cases  in 
such  court,  except  criminal  cases. 

§  33.  COURT  MAY  MODIFY,  ETC.,  THE  ASSESSMENT.]  The  court 
before  which  any  such  proceeding  may  be  pending,  shall  have 
authority,  at  any  time  before  final  adjournment  [judgment]  to 
modify,  alter,  change,  annul  or  confirm  any  assessment  re- 
turned, as  aforesaid,  or  cause  any  such  assessment  to  be  re- 
cast by  the  same  commissioners  whenever  it  shall  be  neces- 
sary for  the  attainment  of  justice,  or  may  appoint  other  com- 
missioners in  the  place  of  all  or  any  of  the  commissioners  first 
appointed,  for  the  purpose  of  making  such  assessment,  or 
modifying,  altering,  changing  or  recasting  the  same,  and  may 
take  all  such  proceedings  and  make  all  such  orders  as  may  be 


190  ACTS   OF  INCORPORATION. 

necessary  to  make  a  true  and  just  assessment  of  the  cost  of 
such  improvement  according  to  the  principles  of  this  act,  and 
may,  from  time  to  time,  as  may  be  necessary,  continue  the  ap- 
plication for  that  purpose  as  to  the  whole,  or  any  part  of  the 
premises. 

§34.  JUDGMENT  SEVERAL — APPEAL,  ETC.— LIEN.]  The  judg- 
ment of  the  court  shall  have  the  effect  of  a  several  judgment 
as  to  each  tract  or  parcel  of  land  assessed,  and  any  appeal 
from  such  judgment,  or  writ  of  error,  shall  not  invalidate  or 
delay  the  judgment,  except  as  to  the  property  concerning 
which  the  appeal,  or  writ  of  error,  is  taken.  Such  judgment 
shall  be  a  lien  upon  the  property  assessed,  from  the  date 
thereof,  until  payment  shall  be  made. 

§  35.  JUDGMENT  CERTIFIED  TO  CITY  CLERK — FILING — WAR- 
RANT.] The  clerk  of  the  court  in  which  such  judgment  is  ren- 
dered shall  certify  the  assessment  roll  and  judgment  to  the 
clerk  of  such  city  or  village,  or  if  there  has  been  an  appeal  or 
writ  of  error  taken  on  any  part  of  such  judgment,  then  he 
shall  certify  such  part  of  the  judgment  as  is  not  included  in 
such  appeal  or  writ  of  error.  The  clerk  of  the  city  or  village 
shall  file  such  certificate  in  his  office,  and  issue  a  warrant  for 
the  collection  of  such  assessment. 

§  36.  FORM  OF  WARRANT.!  The  warrant  in  all  cases  of 
assessment  under  this  act  shall  contain  a  copy  of  such  certifi- 
cate of  the  judgment,  describing  the  lots,  blocks,  tracts  or  par- 
cels of  land  assessed  and  the  respective  amounts  assessed  on 
each  lot,  block,  tract  or  parcel  of  land,  and  shall  be  delivered  to 
the  officer  authorized  to  collect  such  special  assessments. 
Such  warrant  shall  give  sufficient  authority  to  collect  the  as- 
sessments therein  specified. 

§  37.  COLLECTOR'S  NOTICE — FORM  OF,]  The  collector  re- 
ceiving such  warrant  shall  immediately  give  notice  thereof  by 
publishing  such  notice  in  one  or  more  newspapers  in  such  city 
or  village,  if  such  newspaper  is  there  ;  and  if  there  is  no  such 
newspaper,  then  by  posting  four  copies  thereof  in  public 
places  along  the  line  of  the  proposed  improvement.  Such 
notice  may  be  substantially  in  the  following  form  : 

SPECIAL  ASSESSMENT  NOTICE.      SPECIAL  WARRANT  NO.  — 

Public  notice  is  hereby  given  that  the  (here  insert  title  of 
court)  has  rendered  judgment  for  a  special  assessment  upon 
property  benefited  by  the  following  improvement  (here  insert 
the  character  and  location  of  the  improvement  in  general 
terms)  aa  will  more  fully  appear  from  the  certified  copy  of  the 
judgment  on  file  in  the  office  of  the  clerk  of  the  city  (or  vil- 


ACTS   OF   INCORPORATION.  191 

lage)  of  ;    that  a  warrant  for  the  collection  of  such 

assessment  is  in  the  hand*  of  the  undersigned.     All  persons 
interested   are   hereby  notified  to  call    and  pay  the  amounts 
assessed  at  the  collector's  office,  (here  insert  location  of  office) 
within  thirty  days  from  the  date  hereof. 
Dated  this day  of ,  A.  D.  18— 

Collector. 

§  38.  MANNER  or  COLLECTING — ENTRY  OF  PAYMENT.]  It 
shall  be  the  duty  of  the  collector  into  whose  hands  the  war- 
rants shall  so  come,  as  far  as  practicable,  to  call  upon  all  per- 
sons resident  within  the  corporation  whose  names  appear  on 
the  assessment  roll,  or  the  occupants  of  the  property  assessed, 
and  personally  or  by  written  or  printed  notice  left  at  his  or 
her  usual  place  of  abode,  inform  them  of  such  assessment,  and 
request  payment  of  the  same.  Any  such  collector  omitting  so 
to  do  shall  be  liable  to  a  penalty  of  $10  for  every  such  omission, 
but  the  validity  of  the  special  assessment,  or  the  right  to  apply 
for  and  obtain  judgment  for  any  such  special  [assessment] 
shall  not  be  affected  by  such  omission.  It  shall  be  the  duty  of 
such  collector  to  write  the  word  "  paid  "  opposite  each  tract 
or  lot  on  which  the  assessment  is  paid,  together  with  the 
name  and  post-office  address  of  the  person  making  the  pay- 
ment, and  date  of  payment. 

§  39.  REPORT  OF  'DELINQUENT  LIST  TO  COUNTY  COLLECTOR- 
EVIDENCE — DEFENSE.]  It  shall  be  the  duty  of  the  collector  of 
special  assessments,  within  such  time  as  the  City  Council  or 
Board  of  Trustees  may  by  ordinance  provide,  to  make  a  re- 
port in  writing — to  the  general  officer  of  the  county  author- 
ized or  to  be  designated  by  the  general  revenue  law  of  ^this 
State,  to  apply  for  judgment  and  sell  lands  for  taxes  due*  the 
county  and  State — of  all  the  lands,  town  lots  and  real  property 
on  which  he  shall  have  been  unable  to  collect  special  assess- 
ments, with  the  amount  of  special  assessments  due  and  unpaid 
thereon,  together  with  his  warrant,  or  with  a  brief  description 
of  the  nature  of  the  warrant  or  warrants  received  by  him 
authorising  the  collection  thereof;  which  report  shaH  be  ac- 
companied" with  the  oath  of  the  collector  that  the  list  is  a  cor- 
rect return  and  report  of  the  lands,  town  lots  and  real  prop- 
erty on  which  the  special  assessments  levied  by  authority  of 

the  city  of (or  village  of ,  as  the  case  may 

be,)  remain  due  and  unpaid  ;    that  he  is  unable  to  collect 
same  or  any  part  thereof,  and  that  he  has  given  the  notice  r 
quired    by  law  that  said  warrants  had    b<  IMI  received    by  bin 
for  collection.     Said  report,  when  so  made,  shall  be  pnm<i  j>»; 


192  ACTS   OF   INCORPORATION. 

evidence  that  all  the  forms  and  requirements  of  the  law  in 
relation  to  making  said  return  have  been  complied  with,  and 
that  the  special  assessments  mentioned  in  said  report  are  due 
andunpaid.  And,  upon  the  application  for  judgment  upon  such 
assessment,  no  defense  or  objection  shall  be  made  or  heard 
which  might  have  been  interposed  in  the  proceeding  for  the 
making  of  such  assessment,  or  the  application  for  the  con- 
firmation thereof. 

§  40.  APPLICATION  FOR  JUDGMENT — WHAT  LAWS  GOVERN.] 
When  said  general  officer  shall  receive  the  report  provided 
for  in  the  preceding  section,  he  shall  at  once  proceed  to  obtain 
judgment  against  said  lots,  parcels  of  land  and  property  for 
said  special  assessments  remaining  due  and  unpaid,  in  the 
same  manner  as  is  or  may  be  by  law  provided  for  obtaining 
judgment  against  lands  for  taxes  due  and  nnpaid  the  county 
and  State ;  and  shall  in  the  same  manner  proceed  to  sell  the 
same  for  the  said  special  assessments  remaining  due  and  un- 
paid. In  obtaining  said  judgment  and  making  said  sale,  the 
said  officer  shall  be  governed  by  the  general  revenue  laws  of 
this  State,  except  when  otherwise  provided  herein.  [See 
"  Revenue,"  ch.  120,  sec.  182  seq. 

§  41.  RETURN  OF  SALES — REDEMPTION.]  After  making  said 
sales,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat, 
shall  be  returned  to  the  office  of  the  County  Clerk,  and  re- 
demption mav  be  made  as  provided  for  by  the  general  revenue 
law  of  this  S"tate.  [See  "  Revenue,"  ch.  120,  sec.  210-215. 

§  42.  PENALTY  WHEN  LANDS  PAID  ARE  SOLD  FOR  TAX,  ETC.] 
If  the  collector  shall  receive  any  moneys  for  taxes  or  assess- 
ments, giving  a  receipt  therefor,  for  any  land  or  parcel  of 
land,  and  afterwards  return  the  same  as  unpaid  to  the  State 
officers  authorized  to  sell  lands  for  taxes,  or  shall  receive  the 
same  after  making  such  return,  and  the  same  be  sold  for  tax 
or  assessment  which  has  been  so  paid  and  receipted  for  by 
himself  or  his  clerks,  he  and  his  bond  shall  be  liable  to  the 
holder  of  the  certificate  given  to  the  purchasers  at  the  sale,  for 
double  the  amount  of  the  face  of  the  certificate,  to  be  demand- 
ed in  two  years  from  the  date  of  the  sale,  and  recovered  in 
any  court  having  jurisdiction  of  the  amount;  and  the  city  or 
village  shall,  in  no  case,  be  liable  to  the  holder  of  such  certifi- 
cate. 

§  43.  PAYING  OVER — COMPENSATION.]  The  collector  or  col- 
lectors, and  the  general  officer  aforesaid  to  whom  the  said 
warrant  shall  be  returned,  shall  pay  over  to  the  city  or  village 
treasurer  to  which  it  shall  belong  all  moneys  collected  by 
them,  respectively,  upon  or  by  virtue  of  such  warrant,  or  upon 


ACTS   OF   INCORPORATION.  ]93 

any  sale  for  taxes  or  otherwise,  at  such  time  or  times,  and  in 
such  manner  as  shall  be  prescribed  by  ordinance,  and  shall  be 
allowed  such  compensation  for  their  services  in  the  collection 
of  such  assessment  as  the  ordinances  of  the  city  or  village 
may  provide,  except  when  such  compensation  is  fixed  by  gen- 
eral law. 

§  44.  GENERAL  REVENUE  LAWS  APPLY.]  The  general  rev- 
enue laws  of  this  State,  in  reference  to  proceedings  to  recover 
judgments  for  delinquent  taxes,  the  sale  of  property  thereon, 
the  execution  of  certificates  of  sale  and  deeds  thereon,  the  force 
and  effect  of  such  sales  and  deeds,  and  all  other  laws  in  rela- 
tion to  the  enforcement  and  collection  of  taxes  and  redemption 
from  tax  sales,  except  as  herein  otherwise  provided,  shall  be 
applicable  to  proceedings  to  collect  such  special  assessment. 
[See  "  Revenue,"  ch.  120,  sec.  191-225. 

§  45.  CITY  OR  VILLAGE  MAY  BUY  IN.]  Any  city  or  village 
interested  in  the  collection  of  any  tax  or  special  assessment, 
may  become  a  purchaser  at  any  sale  of  any  real  or  personal 
property  to  enforce  the  collection  of  the  same,  and  may,  by 
ordinance,  authorize  and  make  it  the  duty  of  one  or  more  city 
or  village  officers  to  attend  such  sales,  and  bid  thereat  in  be- 
half of  the  corporation. 

§  46.  WHEN  ASSESSMENT  SET  ASIDE — NEW  ASSESSMENT.]  If 
any  assessment  shall  be  annulled  by  the  City  Council  or  Board 
of  Trustees,  or  set  aside  by  any  court,  a  new  assessment  may 
be  made  and  returned,  and  like  notice  given  and  proceedings 
had,  as  herein  required  in  relation  to  the  first ;  and  all  parties 
in  interest  shall  have  the  like  rights,  and  the  City  Council  or 
Board  of  Trustees  and  court  shall  perform  like  duties  and 
have  like  power  in  relation  to  any  subsequent  assessment,  as 
are  hereby  given  in  relation  to  the  first  assessment. 

§  47.  SUPPLEMENTAL  ASSESSMENTS.]  If,  in  any  case,  the 
first  assessment  prove  insufficient,  a  second  may  be  made,  in 
the  same  manner,  as  nearly  as  may  be,  and  so  on,  until 
sufficient  moneys  shall  have  been  realized  to  pay  for  such 
public  improvement.  If  too  large  a  sum  shall,  at  any  time, 
be  raised,  the  excess  shall  be  refunded  ratably  to  those  by 
whom  it  was' paid. 

§  48.  NEW  ASSESSMENTS  AGAINST  DELINQUENTS — LIEN — LIMI- 
TATION.] If,  from  any  cause,  any  city  or  village  shall  fail  to 
collect,  the  whole  or  any  portion  of  any  special  assessment 
which  may  be  levied,  which  shall  not  be  canceled  and  set  aside 
by  the  order  of  any  court,  for  any  public  improvement 
authorized  to  be  made  and  paid  for  by  special  assessment,  the 
City  Council,  or  board  of  trustees,  may,  at  any  time,  within 
—25 


194  ACTS   OF  INCORPORATION. 

five  years  after  the  confirmation  of  the  original  assessment, 
direct  a  new  assessment,  to  be  made  upon  the  delinquent 
property  for  the  amount  of  such  deficiency,  and  interest 
thereon  from  the  date  of  such  original  assessment — which  as- 
sessment shall  be  made,  as  near  as  may  be,  in  the  same  man- 
ner as  is  herein  prescribed  for  the  first  assessment.  In  all 
cases  where  partial  payment  shall  have  been  made  on  such 
former  assessment,  they  shall  be  credited  or  allowed  on  the 
new  assessment  to  the  property  for  which  they  were  made,  so 
that  the  assessment  shall  be  equal  and  impartial  in  its  results. 
If  such  new  assessment  prove  ineffectual,  either  in  whole 
or  in  part,  the  City  Council,  or  board  of  trustees,  may,  at  any 
time  within  said  period  of  five  years,  order  a  third,  and  so  on, 
to  be  levied  in  the  same  manner,  and  for  the  same  purpose  ; 
and  it  shall  constitute  no  legal  objection  to  such  assessment 
that  the  property  may  have  changed  hands,  or  been  encum- 
bered, subsequent  to  the  date  of  the  original  assessment,  it 
being  the  true  intent  and  meaning  of  this  section  to  make  the 
cost  and  expense  of  all  public  improvements,  to  be  paid  for  by 
a  special  assessment,  a  charge  upon  the  property  assessed 
therefor,  for  the  full  period  of  five  years,  from  the  confirma- 
tion of  the  original  assessment,  and  for  such  large  period  as 
may  be  required  to  collect  in  due  course  of  law  any  new  as- 
sessment ordered  within  that  period. 

§  49.  CONTRACTS  PAYABLE  FROM  ASSESSMENTS.]  All  per- 
sons taking  any  contracts  with  the  city  or  village,  and  who 
agree  to  be  paid  from  special  assessments,  shall  have  no  claim 
or  lien  upon  the  city  or  village  in  any  event,  except  from  the 
collections  of  the  special  assessments  made  for  the  work  con- 
tracted for. 

§  50.  How  CONTRACTS  LET — APPROVAL.]  All  contracts  for 
the  making  of  any  public  improvement,  to  be  paid  for  in 
whole,  or  in  part,  by  a  special  assessment,  and  any  work  or 
other  public  improvement,  when  the  expense  thereof  shall 
exceed  $500,  shall  be  let  to  the  lowest  responsible  bidder,  in 
the  manner  to  be  prescribed  by  ordinance — such  contracts  to 
be  approved  by  the  Mayor  or  president  of  the  boa;  d  of  trus- 
tees: Provided,  however,  any  such  contract  may  be  entered 
into  by  the  proper  officer  without  advertising  for  bids,  and 
without  such  approval,  by  a  vote  of  two-thirds  of  all  the 
aldermen  or  trustees  elected. 

§  51.  LIEN.]  All  special  assessments  levied  by  any  city 
or  village  under  this  act,  shall,  from  the  date  of  assessment, 
be  a  lien  upon  the  real  estate  upon  which  the  same  may  be 
imposed,  and  auch  lien  shall  continue  until  such  special  as- 


ACTS  OF  INCORPORATION.  195 

sessments  are  paid.  And  the  same  proceedings  may  be  re- 
sorted to  by  the  collector,  upon  any  warrant  or  order  issued 
or  made  for  the  collection  of  special  assessments,  as  in  the 
case  of  the  collection  of  state  and  county  taxes  under  the  gen- 
eral laws  of  the  state. 

§  52.  COLLECTION  BY  SUIT.]  At  any  time  after  the  same 
becomes  due,  it  shall,  and  may  be,  lawful  for  any  collector 
thereof  to  commence  suit  in  any  court  of  record,  in  the  cor- 
porate name  of  such  city  or  village,  against  any  person  or 
persons,  for  the  total  amount  of  special  assessments  which 
such  person  or  persons,  are  liable  for  the  payment  of. 
Such  suit  shall  be  commenced  by  petition,  and  shall  state 
the  several  amounts  of  the  special  assessments  sought  to 
be  recovered,  and  give  a  general  description  of  the  war- 
rant or  warrants  issued  for  the  collection  thereof.  Upon 
the  filing  of  the  petition  a  summons  shall  be  issued,  served 
and  returned  as  in  other  suits  in  such  court.  Upon  the  re- 
turn of  such  summons,  duly  served,  the  court  shall  forthwith 
proceed  to  the  hearing  of  said  petition  without  formal  plead- 
ings, and  may  render  judgment  for  all,  or  any  part,  of  the 
special  assessments,  as  the  right  and  justice  of  the  case  may 
require.  The  original,  or  a  certified  copy  (by  the  clerk,  under 
the  corporate  seal,)  of  such  warrant  or  warrants  and  list  or 
lists,  or  so  much  thereof  as  refers  to  the  special  assessments 
sought  to  be  recovered,  shall  be  prima  facie  evidence  of  the 
right  of  said  collector  to  a  judgment  in  favor  of  such  corpo- 
ration. Execution  shall  issue  on  such  judgment,  as  in  other 
cases,  but  such  execution  may  be  first  levied  upon  and  col- 
lected from  any  personal  property  of  the  defendant ;  or  the 
court,  in  which  such  proceedings  were  had,  may,  upon  com- 
plaint of  the  city  or  village,  issue  a  scire  facias  against  the  per- 
son or  persons  liable  for  such  payment,  to  show  cause  why 
execution  should  not  issue  against  him  or  them  for  the 
amount  of  such  assessment;  and  if,  upon  the  return  of  such 
scire  facias,  good  cause  is  not  shown  why  execution  should  not 
issue,  the  court  may  award  execution  against  such  person  or 
persons  in  the  usual  form  of  execution  upon  judgments  at 
law. 

§  53.  SUPPLEMENTAL  PETITION  TO  ASSESS  BENEFITS  IN  CON- 
DEMNATION CASE.]  "Whenever  any  city  or  village  shall  apply 
to  any  court  for  the  purpose  of  making  just  compensation  for 
property  taken  or  damaged  by  such  proceedings  as  are  author- 
ized by  this  act,  such  city  or  village  may  file  in  the  same  pro- 
ceeding a  supplemental  petition,  praying  the  court  to  cause 
that  an  assessment  be  made  for  the  purpose  of  raising  the 


196  ACTS   OF   INCORPORATION. 

amount  necessary  to  pay  the  compensation  and  damages  which 
may  be,  or  shall  have  been,  awarded  for  the  property  taken  or 
damaged,  with  the  costs  of  the  proceeding.  The  said  court 
shall  have  power,  at  any  time  after  any  such  supplemental  pe- 
tition shall  have  been  filed,  to  appoint  three  commissioners  to 
make  such  assessment,  and  to  ascertain,  as  near  as  may  be, 
the  costs  incurred  to  the  time  of  such  appointment,  and  the 
probable  furthercosts  of  the  proceedings,  including  therein  the 
estimated  costs  of  making  and  collecting  such  assessment, 
and  shall  direct  such  costs  to  be  included  by  such  commission- 
ers in  making  said  assessment.  Like  proceedings  in  making 
said  assessment  shall  be  had,  and  the  assessment  shall  be 
made,  collected  and  enforced  in  the  same  manner,  as  near  as 
may  be,  as  is  provided  in  this  article  in  other  cases.  [As 
amended  by  act  approved  and  in  force  March  30,  1834. 

§  54.  ADOPTION  OF  THIS  ARTICLE.]  Any  city  or  incorpo- 
rated town  or  village  may,  if  it  shall  so  determine  by  ordi- 
nance, adopt  the  provisions  ol  this  article  without  adopting 
the  whole  of  this  act ;  and  where  it  shall  have  so  adopted  this 
article,  it  shall  have  the  right  to  take  all  proceedings  in  this 
article  provided  for,  and  have  the  benefit  of  all  the  provis- 
ions hereof. 


PART  III. 


OTHER  LAWS  AFFECTING   THE  CITY 
OF  BLOOMINGTON. 


ANNEXING  AND  EXCLUDING  TERRITORY. 

An  Act  to  Provide  for  Annexing  and  Excluding  Territory 
to  and  from  Cities,  Towns  and  Villages,  and  to  unite 
Cities,  Towns  and  Villages. 

[Approved  April  10, 1872.    In  force  July  1, 1872.  J 

SECTION  1.  Petition  to  be  annexed — annexing. 

2.  Annexing  one  corporation  to  another. 

3.  Proceedings  by  corporation  to  annex  territory. 

4.  Notice  of  proceedings. 

5.  Objections  to  annexation — trial. 

6.  Finding — costs,  etc. 

7     Proceedings  by  owner  to  be  annexed. 

8.  Proceedings  to  disconnect. 

9.  Map  and  ordinance  recorded. 

10.  School  districts. 

11.  Judicial  notice. 

SECTION  1.  PETITION  TO  BE  ANNEXED.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly  : 
That  on  petition,  in  writing,  signed  by  not  less  than  three- 
fourths  of  the  legal  voters,  and  by  the  owners  of  not  less  than 
three-fourths  (in  value)  of  the  property  in  any  territory  con- 
tiguous to  any  city  or  incorporated  village  or  town,  and  not 
embraced  within  its  limits,  the  City  Council  or  board  of  trus- 
tees of  said  city,  village  or  town  (as  the  case  may  be)  may,  by 
ordinance,  annex  such  territory  to  such  city,  village  or  town, 
upon  filing  a  copy  of  such  ordinance,  with  an  accurate  map 
of  the  territory  annexed  (duly  certified  by  the  Mayor  of  the 
citv  or  president  of  the  board  of  trustees  of  the  village  or 
town),  in  the  office  of  the  recorder  of  deeds  in  the  county 
where  the  annexed  territory  is  situated,  and  having  the  same 
recorded  therein  :  Provided^  that  no  portion,  less  than  the 


200  LAWS   AFFECTING  THE   CITY. 

whole  of  an  incorporated  city,  town  or  village,  shall  be  an- 
nexed to  another  incorporated  city,  town  or  village,  except  in 
the  mode  provided  in  this  act  for  the  annexation  of  the  whole 
of  an  incorporated  city,  town  or  village,  to  another  city,  town 
or  village. 

§  2.  ANNEXING  ONE  CORPORATION  TO  ANOTHER.]  Any  incor- 
porated city,  village  or  town  may  be  annexed  to  another  in- 
corporated city,  village  or  town,  by  ordinance  passed  by  a 
two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each 
corporation  desiring  annexation:  Provided,  such  annexation 
shall  not  affect  or  impair  any  rights  or  liabilities  either  in 
favor  of  or  against  such  corporations  ;  and  suits  founded  upon 
such  rights  and  liabilities  may  be  commenced,  and  pending 
suits  may  be  prosecuted  and  carried  to  final  judgments  and 
execution,  the  same  as  if  such  annexation  had  not  taken  place. 
In  making  such  annexation,  the  corporations  so  uniting  may, 
by  ordinance,  fix  the  terms  of  the  annexation,  which  shall 
have  the  force  and  effect  of  a  binding  contract :  Provided,  how- 
ever, that  no  such  ordinance  shall  be  of  any  binding  force  or 
effect  until  submitted  to  a  vote  of  the  legal  voters  of  such 
city,  town  or  village,  at  a  general  election  thereof,  and  adopted 
by  a  majority  of  all  the  voters  voting  thereon  at  such  election, 
notice  of  which  shall  be  given  at  the  same  time  and  in  the 
same  manner  as  required  for  the  election  of  the  officers  of  such 
city,  town  or  village  :  And  provided,  also,  that  the  vote  shall  be 
by  ballot,  which  shall  be  "  for  union  ordinance,"  or  "  against 
union  ordinance,"  and  shall  be  received,  canvassed  and  re- 
turned the  same  as  ballots  for  municipal  officers  of  such  city, 
town  or  village. 

§  3.  PROCEEDINGS  BY  CORPORATION  TO  ANNEX  TERRITORY.] 
When  any  incorporated  city,  village  or  town  shall  desire  to 
annex  any  contiguous  territory  thereto,  and  the  same  shall  not 
have  been  petitioned  f<»r  as  provided  in  section  one  of  this 
article,  it  shall  be  lawful  for  the  City  Council  or  board  of 
trustees  of  such  city,  village  or  town,  by  a  two-thirds  vote  of 
all  the  aldermen  or  trustees  elect,  by  ordinance  or  resolution, 
to  authorize  the  Mayor  of  such  city  or  the  president  of  the 
board  of  trustees  of  such  village  or  town,  to  petition  the  Cir- 
cuit Court  of  the  county  in  which  the  territor}'  desired  to  be 
annexed  or  a  major  part  thereof  is  situated,  praying  such  an- 
nexation to  be  made.  The  petition  shall  contain  a  copy  of 
such  ordinance  or  resolution,  and  an  accurate  map  of  the  ter- 
ritory which  it  is  desired  to  annex,  showing  all  such  sub- 
divisions that  shall  have  been  made  therein.  Such  petition 
shall  be  filed  with  the  clerk  of  the  court  at  least  ten  days  be- 


LAWS    AFFECTING   THE  CITY.  201 

fore  the  first  day  of  the  term  at  which  it  is  proposed  to  be 
heard  :  Provided,  that  nothing  in  this  section  contained  shall 
authorize  said  petition  to  he  filed  unless  the  territory  so  sought 
to  be  annexed  (except  territory  intervening  between  a  city  and 
town,  or  two  or  more  cities  or  towns,  desiring  to  becon it- 
united  under  this  act,)  shall  contain  an  actual  resident  popu- 
lation of  at  least  one  hundred  and  fifty  inhabitants  to  each 
section  or  fractional  part  of  a  section  so  sought  to  be  annexed 
— which  said  fact  shall  be  alleged  in  said  petition  and  proved 
on  the  hearing  thereof,  the  same  as  any  other  allegation  in 
said  petition. 

§  4.  NOTICE  OF  PROCEEDINGS.]  When  it  shall  be  deter- 
mined to  present  such  petition,  the  Mayor  or  president  of  the 
board  of  trustees  (as  the  case  may  be)  shall  cause  notice  of 
the  time  and  place  where  and  when  the  petition  will  be  or  has 
been  filed,  and  at  what  term  of  court  the  hearing  thereof  will 
be  had,  and  setting  forth  the  boundaries  or  a  general  descrip- 
tion of  the  territory  proposed  to  be  annexed — to  be  given  by 
publication  at  least  once  in  each  week,  for  two  successive 
weeks,  in  some  newspaper  published  in  the  county  where  the 
petition  is  filed  or  to  be  filed  (or,  if  no  newspaper  is  published 
in  such  county,  then  in  the  nearest  newspaper  published  in 
this  state),  and  by  posting  up  notices  at  least  fourteen  days 
before  such  time  of  hearing,  in  at  least  three  of  the  most  pub- 
lic places  in  the  territory  proposed  to  be  annexed,  and  a  like 
number  in  the  city,  village  or  town  to  which  it  is  desired  to 
annex  such  territory. 

§  5.  OBJECTIONS  TO  ANNEXATION — TRIAL.]  The  legal  voters 
resident  upon  the  territory  thus  proposed  to  be  annexed,  or 
any  of  them,  or  any  owner  of  land  therein,  or  any  voter  of 
such  city,  village  or  town,  may  appear  at  such  hearing  and 
show  cause  why  such  annexation  should  not  be  made  ;  and  the 
court,  or  a  jury  impaneled  for  that  purpose  (no  member  of  the 
jury  so  impaneled  shall  be  a  resident  of  the  corporation  or 
territory  to  be  annexed,  nor  of  the  town  or  towns  in  which 
said  corporation  or  territory  may  be  situated,)  shall  hear  all 
competent  evidence  that  may  be  offered  by  either  party ;  and 
the  court  ma\  continue  the  hearing  from  time  to  time,  for  any 
cause,  and  make  all  proper  orders  in  regard  to  the  hearing, 
giving  of  notices  and  other  disposition  of  the  case. 
'  §  6.  FINDING— COSTS,  ETC.]  If,  upon  the  hearing,  the  court 
or  the  jury  shall  find  that  such  territory  ought  to  be  annexed 
to  such  city,  village  or  town,  and  can  be  so  done  without  in- 
justice to  the  inhabitants  or  persons  interested,  the  court  shall 
so  order.  If  the  court  or  jury  shall  find  against  the  petition- 
—26 


202  I«AWS   AFFECTING   THE   CITY. 

ers,  the  petition  shall  be  dismissed  at  the  cost  of  the  petition- 
ers ;  and  no  subsequent  petition  shall  be  presented  for  the 
annexation  of  any  of  the  territory  embraced  in  such  petition, 
within  one  year  from  the  time  of  entering  such  order :  Pro- 
vided, that  new  trials  may  be  granted  as  in  other  jury  cases. 

§  7.  PROCEEDINGS  BY  OWNER  TO  BE  ANNEXED.]  When  not 
less  than  a  majority  in  number  of  the  legal  voters  or  the 
owner  or  owners  of  "any  tract  or  tracts  of  land,  contiguous  to 
any  incorporated  city,  Tillage  or  town,  shall,  by  petition,  in 
writing,  signed  by  them,  an(i  filed  in  the  Circuit  Court  of  the 
county  where  such  territory  or  a  major  part  thereof  is  situ- 
ated, pray  to  be  annexed  to  such  city,  village  or  town,  the  like 
proceedings  may  be  had  thereon,  and  with  the  like  effect,  as 
in  case  of  a  petition  by  a  city,  village  or  town  :  Provided,  a 
copy  of  the  notice  required  to  be  given  shall  be  left  with  the 
Mayor  of  such  city,  or  president  of  such  village  or  town,  at 
least  ten  days  before  such  petition  is  heard. 

§  8.  PROCEEDINGS  TO  DISCONNECT.]  Whenever  a  majority 
of  the  legal  voters  of  any  territory  within  any  city,  town  or 
village,  and  being  upon  the  border  and  within  the  boundary 
thereof,  shall  petition  the  Circuit  Court  of  the  county  in 
which  such  city,  town  or  village  is  situated,  praying  to  be  dis- 
connected therefrom,  such  petition  shall  be  filed  with  the 
clerk  of  the  court  at  least  ten  days  before  the  first  day  of  the 
term  at  which  it  is  proposed  to  be  heard,  and  like  proceed- 
ings shall  be  had  as  is  required  by  sections  four,  five  and  six 
of  the  act  for  the  annexation  of  territory  to  such  city,  town  or 
village :  Provided,  that  the  provision  of  this  section  shall  only 
apply  to  lands  not  laid  out  into  city  or  town  lots  or  blocks. 

§  9.  MAP  AND  ORDINANCE  RECORDED.]  When  any  territory 
is  annexed  to  any  city,  village  or  town,  as  provided  in  this 
act,  it  shall  be  the  duty  of  the  Mayor  of  the  city,  or  the  pres- 
ident of  the  board  of  trustees  of  the  village  or  town,  (as  the 
case  may  be,)  to  cause  an  accurate  map  of  such  added  terri- 
tory, together  with  the  ordinance  for  the  annexation,  certified 
by  such  Mayor,  and  if  a  decree  or  order  of  the  court  has  been 
made  therefor,  a  copy  of  the  same,  to  be  filed  for  record  and 
recorded  in  the  recorder's  office  for  the  county  in  which  such 
added  territory  is  situated.  If  territory  is  disconnected  or 
excluded  from  any  city,  village  or  town,  a  copy  of  the  ordi- 
nance or  decree  therefor  shall  be  so  filed  for  record  and  re- 
corded. 

§  10.  SCHOOL  DISTRICTS.]  All  school  districts,  and  other 
corporations  incorporated  for  school  purposes,  under  special 
acts  of  the  legislature,  desiring  to  annex  or  disannex  territory, 


LAWS   AFFECTING  THE  CITY.  203 

may  proceed  under  the  provisions  of  this  act.  [See  "  Schools," 
en.  1  — — ,  §  oo. 

§11.  JUDICIAL  NOTICE.]  All  courts  in  this  state  shall  take 
judicial  notice  of  cities,  towns  and  villages,  and  of  the  changes 
of  their  territory,  made  under  the  provisions  of  this  act. 


APPOINTMENT  AND  BEMOVAL  OF  CITY  OFFICERS. 

An  act  concerning  tine  Appointment  and  Removal  of  City 
Officers  in  all  cities  in  this  State,  conferring  additional 
powers  and  duties  upon  Mayors,  and  concerning  Appro- 
priation Bills  or  Ordinances  that  may  be  passed  in  such 
cities. 

[Approved  and  in  force  April  10,  1875.J 

SECTION  1.  Appointment  and  removal  of  city  officers. 

2.  Approval  and  veto  power  of  Mayor. 

3.  Pastage  over  Mayor's  veto. 

4.  Emergency. 

SECTION  1.  APPOINTMENT  AND  REMOVAL  OF  CITY  OFFICERS.] 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly:  In  all  the  cities  of  this  State,  the  mayors 
thereof  shall  have  power  to  appoint  all  city  officers,  (whose 
election  by  the  voters  of  such  city  is  not  provided  by  law),  by 
and  with  the  consent  of  the  city  council,  (or  in  case  the  legis- 
lative authority  consists  of  two  houses,  then  by  and  with  the 
consent  of  the  board  of  councilinen,)  by  a  vote  of  the  majority 
of  all  its  members  authorized  by  law  to  be  elected,  to  be  taken 
by  yeas  and  nays,  and  entered  upon  its  records.  And  the 
Mayor  shall  also  have  power  to  remove  any  officer  so  appoint- 
ed whenever,  in  his  opinion,  the  interests  of  the  city  requires 
such  removal ;  he  shall  report  such  removal,  with  his  reasons 
therefor,  to  the  council,  (or  in  case  the  legislative  authority 
consists  of  two  houses,  then  to  the  board  of  councilmeu,)  at 
its  next  regular  meeting;  and  if  the  council  by  a  two-thirds 
vote  shall,  (or  if  the  board  of  councilmen  shall  by  a  majority 
vote)  of  all  its  members  authorized  by  law  to  be  elected,  by 
yeas  and  nays,  to  be  entered  upon  its  record,  disapprove  of 
such  removal,  such  officer  shall  thereby  become  restored  to 
the  office  from  which  he  was  so  removed  ;  but  he  shall  give 
new  bonds  and  take  a  new  oath  of  office.  The  Mayor  may 
appoint  any  suitable  person  to  discharge  the  duties  of  the  office 


204  LAWS  AFFECTING  THE   CITY. 

from  which  he  shall  have  removed  any  officer,  until  his  suc- 
cessor is  appointed  and  qualified,  or  such  officer  restored  to 
office  in  the  manner  aforesaid. 

§  2.  APPROVAL  AND  VETO  POWER  OF  MAYOR.]  All  ordinances 
passed  by  the  City  Council  shall,  before  they  take  effect,  be 
deposited  in  the  office  of  the  city  clerk,  and  if  the  Mayor  ap- 
proves thereof,  he  shall  sign  the  same,  and  such  as  he  shall 
not  approve  he  shall  return  to  the  Council,  with  his  objections 
thereto,  in  writing,  at  the  next  regular  meeting  of  the  Council 
occurring  not  less  than  five  days  after  the  passage  thereof. 
Snch  veto  may  extend  to  any  one  or  more  items  or  appropria- 
tions contained  in  any  ordinance,  and  in  case  the  veto  only  ex- 
tends to  a  part  of  such  ordinance,  the  residue  thereof  shall  take 
effect  and  be  in  force  ;  but  in  case  the  Mayor  shall  fail  to  re- 
turn any  ordinance  with  his  objections  thereto,  by  the  time 
aforesaid,  he  shall  be  deemed  to  have  approved  such  ordinance, 
and  the  same  shall  take  effect  accordingly. 

§  3.  PASSAGE  OVER  MAYOR'S  VETO.]  Upon  the  return  of  any 
ordinance  by  the  Mayor,  the  vote  by  which  the  same  was 
passed  shall  be  reconsidered  by  the  Council ;  and  if,  after  such 
reconsideration,  two-thirds  of  all  the  members  elected  to  the 
City  Council  shall  agree,  by  yeas  and  nays,  to  pass  the  same, 
it  shall  go  into  effect,  notwithstanding  the  Mayor  may  refuse 
to  approve  thereof.  The  vote  to  pass  the  same  over  the 
Mayor's  veto  shall  be  taken  by  yeas  and  nays,  and  entered  on 
the  journal. 

§  4.  EMERGENCY.]  Whereas  the  legislative  authorities  in 
many  cities  pass  their  appropriation  bills  before  the  first  day 
of  July  next,  and  Mayors  h.ave  no  power  to  veto  a  part  of  such 
appropriation  or  ordinance,  wherefore  an  emergency  exists ; 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


LAWS   AFFECTING   THE   CITY.  205 

APPORTIONMENT  OF   SPECIAL    ASSESSMENTS   PAYABLE 
IN  INSTALLMENTS. 

An  act  concerning  the  Apportionment  of  Special  Assess- 
ments payable  in  installments. 

[Approved  April  13,  1875.    In  force  July  1, 1875.] 
SECTION  l.    Apportionment  of  special  assessments  payable  la  installments. 

SECTION  1.  APPORTIONMENT  OF  SPECIAL  ASSESSMENTS  PAYABLE 
IN  INSTALLMENTS.]  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly  :  That  in  all  cases 
where  any  special  assessment,  payable  in  installments,  has 
been,  or  hereafter  shall  be  made  by  any  corporate  authority,  for 
supplying  water  or  other  corporate  purpose,  and  the  owner  or 
owners  of  any  lot,  block  or  parcel  of  land  so  assessed,  or  some 
of  them,  shall  desire  to  sub-divide  the  same,  and  to  apportion 
such  assessment  and  the  several  installments  thereof  in  such 
manner  that  each  parcel  of  such  proposed  sub-division  shall 
bear  its  just  and  equitable  proportion  thereof,  the  same  may 
be  done  in  the  manner  following,  to-wit :  The  owner  or 
owners  of  such  lot,  block,  or  parcel  of  land  shall  present  to  such 
corporate  authority  a  petition,  setting  forth  : 

1.  The  descriptive  character  of  the  assessment  and  the  date 
of  the  confirmation  of  the  same. 

2.  The  names  of  the  owners. 

3.  A  description  of  the  land  proposed  to  be  sub-divided, 
together  with  the  amount  of  each  installment  thereon,  and  the 
year  or  years  for  which  the  same  are  due. 

4.  A  plat  showing  the  proposed  sub-division. 

5.  The  proposed  apportionment  of  the  amount  of  each  in- 
stallment on  each  lot  or  parcel  according  to  such  proposed 
sub-division.     Such   petition   shall   be   acknowledged  in  the 
manner  provided  for  the  acknowledgment  of  deeds,  and 
such  corporate  authority  shall  be  satisfied  therewith,  they  shall 
cause  to  be  indorsed    upon  or  attached  to  such  petition  their 
approval  by  their  clerk  or  secretary,  under  their  corporate 
seal,  and  the  same,  so  approved,  shall  be  filed  and  recorded  m 
the  office  of  the  county  clerk  in  which  such  land  shall  be  sit- 
uate, and  such  apportioned  assessment  shall  stand  in  place  < 
the  original  assessment,  and  the  same  and   the  several  install- 
ments thereof  shall  be  deemed  duly  apportioned,  and  the  e 
eral  amounts  so  apportioned  shall  be  liens  upon  the  several 


206  LAWS   AFFECTING   THE   CITY. 

parcels  charged,  respectively ;  and  for  the  purpose  of  collect- 
ing the  same  all  proceedings  shall  be  had  and  taken  as  if  said 
assessment  and  installments  had  been  made  and  apportioned 
in  the  first  instance  according  to  such  apportioned  description 
and  amounts,  and  the  respective  owners  shall  be  held  to  have 
waived  every  and  all  objections  to  such  assessment  and  the 
apportionment  aforesaid:  Provided,  This  act  shall  not  apply  to 
any  lot,  block  or  parcel  of  land  on  which  there  shall  remain 
due  and  unpaid  any  installment.  In  case  the  owners  are  un- 
able to  agree  as  to  such  apportionment,  or  any  of  them  are 
under  legal  disability,  one  or  more  of  them  may  file  a  petition 
with  the  circuit  court  of  the  county  in  which  such  land  so 
assessed  is  situate,  substantially  in  form  as  hereinbefore  pro- 
vided ;  and  in  such  case  such  corporate  authority,  together 
with  all  owners  or  persons  interested,  not  joined  as  petitioners 
and  unknown  owners,  if  any,  shall  be  made  parties  defendant, 
and  all  proceedings  in  relation  thereto  shall  be  had  as  in  cases 
in  chancery.  The  court  may  hear  and  determine  the  case 
according  to  the  right  of  the  matter.  A  copy  of  the  record  of 
the  proceedings  of  the  court  in  the  premises  in  case  of  an  ap- 
portionment, duly  certified,  shall  be  filed  and  recorded  in  the 
office  of  such  county  clerk,  and  the  same  shall  thereupon,  as 
to  the  land  therein  embraced,  the  owners  thereof,  the  appor- 
tionment aforesaid,  and  the  collection  of  the  several  amounts 
apportioned,  have  the  same  force  and  effect  as  is  hereinbefore 
provided  in  cases  where  such  corporate  authorities  shall  ap- 
prove of  a  petition  and  shall  file  and  record  the  same. 


HOUSES  OF    ILL-FAME. 

An  act  to  prevent  the  licensing  of  houses  of  ill- fame,  and  the 
official  inspection  or  medical  examination  of  the  inmates 
thereof ,  in  the  incorporated  cities,  towns  and  villages  of 
this  State. 

[Approved  and  in  force  March  27, 1874.] 

SECTION  1.    Licensing  and  medical  inspection  forbidden. 
2.    Emergency. 

§  1.  LICENSING  AND  MEDICAL  INSPECTION  FORBIDDEN.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in  Gen- 
eral Assembly :  That  it  shall  be  unlawful  for  the  corporate 


LAWS   AFFECTING   THE    CITY.  207 

authorities  of  any  city,  town  or  village  in  this  State  to  era 

anv"  inTarefrHf°r  **  m?!JCal  ***«*"  or  examination  of 
any  inmate  of  the  same.     [See  sec.  62,  item  45 

EMERGENCY.]  Whereas,  the  legislative  authorities  of 
certain  cities  in  this  State  are  about  to  license  houses  of  ill- 
fame  therefore  an  emergency  exists  why  this  act  should  take 
effect  immediately;  therefore,  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 


OIL    INSPECTION. 
An  act  to  revise  the  law  in  relation  to  Oil  Inspection. 

[Approved  March  12, 1874.    Tn  Force  July  1, 1874.] 

SECTION  1.  Appointment  of  inspectors— term  of  office— deputies 

2.  Oath— bond— suit  on  bond. 

3.  Duty  of  inspector. 

4.  Test — casks  marked— inspector  not  to  trade  In  oil. 

5.  Record  kept  and  open  to  examination. 

6.  Penalty  for  misconduct  in  office. 

7.  Penalty  against  manufacturers  and  dealers  In  oil. 

8.  Fines— how  recovered  and  disposed  of. 

SECTION.  1.  APPOINTMENT  OF  INSPECTORS — TERM  OF  OFFICE — 
DEPUTIES.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly :  That  the  Mayor  of  any  city, 
with  the  approval  of  the  City  Council,  and  the  Board  of 
Trustees  of  any  village  or  town  may,  and  on  the  petition  of 
any  five  inhabitants  thereof  shall  appoint  one  or  more  inspect- 
ors for  the  inspection  of  coal  oil,  naptha,  gasoline,  benzine  and 
other  mineral  oils  or  fluids,  the  product  of  petroleum,  and  fix 
their  compensation,  to  be  paid  by  the  party  requiring  their 
services.  Every  such  inspector  shall  hold  his  office  for  one 
year  and  until  his  successor  is  appointed  and  qualified,  unless 
sooner  removed  from  office.  He  may  appoint  deputies,  for 
whom  he  shall  be  responsible,  and  who  shall  take  the  same 
oath  and  be  liable  to  the  same  penalties  as  the  inspector. 


208  LAWS    AFFECTING  THE    CITY. 

S  2  OATH— BOND— SUIT  ON  BOND.]  Every  such  inspector, 
before  entering  on  the  duties  of  Ins  office,  shall  take  and  sub- 
scribe the  following  oath  : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that 
will  support  the  constitution  of  the  United  States,  and  the  con- 
stitution of  the  State  of  Illinois,  and  that  I  will  faithtully  dis- 
charge the  duties  of  the  office  of  oil  inspector,  according  to 
the  best  of  my  ability." 

He  shall  also  execute  a  bond  payable  to  the  People  of  the 
State,  in  such  sum  as  shall  be  required  by  the  City  Council 
or  Board  of  Trustees,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  Mayor  or  President  of  the  Board  of  Trustees, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 
Any  person  aggrieved  by  the  misconduct  or  neglect  of  such 
inspector  may  maintain  suit  thereon  for  his  own  use. 

§  3.  DUTY  OF  INSPECTOR.]  Upon  the  application  of  any 
manufacturer,  refineror  prodacerof,  or  any  dealer  in,  any  such 
oil  or  fluid,  or  of  any  officer  or  person  to  test  any  such  oil  or 
fluid,  such  inspector  shall  test  the  same  with  all  reasonable 
dispatch  bv  applying  the  fire  test,  as  indicated  and  determined 
by  J.  Tagliabue's  pyrometer,  or  some  other  instrument  or 
means  equally  accurate,  with  which  he  shall  have  provided 
himself  at  his  own  expense. 

§  4.  TEST — CASKS  MARKED — INSPECTOR  NOT  TO  TRADE  IN  OIL.] 
If  the  oils  or  fluids  so  tested  will  not  ignite  or  explode  at  a 
temperature  less  than  one  hundred  and  fifty  degrees  Fahren- 
heit, the  inspector  shall  mark,  plainly  and  indelibly,  on  each 

cask,   barrel  or  package,   "Approved,  fire  test  being ;" 

but  if  said  oils  or  fluids  will  ignite  at  a  temperature  less  than 
one  hundred  and  fifty  degrees  Fahrenheit,  as  aforesaid,  then 
the  inspector  shall  mark  on  each  cask,  barrel  or  package 

u  Condemned  for  illuminating  purposes ;   fire  test  being ." 

Said  inspector,  while  in  office,  shall  not  buy,  sell,  bargain  or 
trade,  directly  or  indirectly,  in  any  of  the  said  oils  or  fluids. 

§  5.  RECORD  KEPT  AND  OPEN  TO  EXAMINATION.]  He  shall 
also,  within  twenty-four  hours  after  making  any  inspection, 
make  a  full  and  fair  entry  thereof  in  a  record  book  to  be  kept 
for  that  purpose,  which  shall  be  open  to  all  persons  wishing  to 
examine  the  same. 

§  6.  PENALTY  FOR  MISCONDUCT  IN  OFFICE.]  Any  such  in- 
spector or  deputy  who  shall  falsely  brand  any  package,  cask, 
or  barrel,  or  be  guilty  of  any  fraud,  deceit,  misconduct  or  cul- 
pable negligence  in  the  performance  of  any  of  his  official 


LAWS   AFFECTING  THE  CITY.  209 

duties,  shall  be  fined  not  exceeding  $200,  and  be  liable  to  the 
party  injured  for  all  damages  occasioned  thereby. 

§  7.  PENALTY  AGAINST  MANUFACTURERS  AND  DEALERS  IN  OIL.] 
Any  manufacturer,  refiner  or  producer  of,  or  any  dealer  in, 
coal  oil,  naptha,  gasoline,  benzine,  or  other  mineral  oils  or 
fluid,  the  product  of  petroleum,  in  any  city,  village  or  town  in 
which  such  inspector  is  appointed,  who  shall  neglect  to 
give  notice  to  such  inspector,  of  any  such  oil  or  fluid  in  his 
possession  not  already  inspected  by  some  authorized  inspector 
of  this  State,  within  two  days  after  the  same  is  made  or  refined 
by  him  or  received  into  his  possession,  or  shall  offer  any  such 
oil  or  fluid  for  sale  before  the  same  has  been  so  inspected,  or 
shall  sell  or  attempt  to  sell  to  any  person,  for  illuminating 
purposes,  any  such  oil  which  is  below  the  approved  standard, 
that  is,  having  igniting  point  less  than  one  hundred  and  fifty 
degrees  Fahrenheit,  as  indicated  and  determined  in  the  man- 
ner herein  provided,  or  shall  use  any  package,  cask,  barrel  or 
other  thing  having  the  inspection  brand  thereon,  the  oil  or 
fluid  therein  not  having  been  inspected,  or  shall  counterfeit 
any  brand,  shall  be  fined  not  exceeding  $200  and  be  liable  to 
the  party  injured  for  all  damages  occasioned  thereby,  and 
all  the  casks,  barrels  or  packages  so  falsely  used,  and  their  con- 
tents, shall  be  forfeited,  and  may  be  seized  and  sold. 

§  8.  FINES — HOW  RECOVERED  AND  DISPOSED  OF.]  The  fines 
herein  provided  may  be  recovered  in  the  name  of  the  People 
of  the  State  of  Illinois,  before  any  justice  of  the  peace  of  the 
county  where  the  oflense  is  committed,  and  when  collected, 
one-half  shall  be  paid  to  the  informer,  and  the  other  half 
and  the  proceeds  of  the  sale  of  all  casks,  barrels  and  pack- 
ages, and  the  contents  thereof  seized,  as  herein  provided, 
shall  be  paid  into  the  city,  village,  or  town  treasury. 


—27 


210  LAWS   AFFECTING   THE   CITY. 

PLATS. 
An  Act  to  revise  the  Law  in  Relation  to  Plats. 

[Approved  March  21, 1874.    In  force  July  1, 1874.  J 

SECTION  1.  Laying  out  towns,  etc. 

2.  Certificate  of  surveyor— acknowledgment— record. 

"        3.  Dedication— effect  on. 

"        4.  Neglect  to  plant  corner  stone,  etc. 

"        6.  Penalty  for  selling  without  plat  recorded,  etc. 

VACATION  OF  PLATS. 

"        ft.    Of  entire  plat. 

"        7.    Of  part  of  plat. 

"        8.    Cancelling  plat  of  record. 

PLATS  TO  BE  RECORDED,   ETC. 

"        9.    Plats  of  highways,  etc.,  to  be  made  and  recorded. 
"       10.    Prosecuting  offenders. 

SECTION  1.  LAYING  OUT  TOWNS,  ETC.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly : 
Whenever  the  owner  of  lands  shall  wish  to  subdivide  the 
same  into  two  or  more  parts  for  the  purpose  of  laying  out  a 
town,  or  making  any  addition  to  any  city,  village  or  town,  or 
of  re-subdividing  any  lots  or  blocks  therein,  he  shall  cause  the 
same  to  be  surveyed  and  a  plat  thereof  to  be  made  by  the 
county  surveyor  or  some  other  competent  surveyor,  which  plat 
shall  particularly  describe  and  set  forth  all  the  streets,  alleys, 
common  or  public  grounds,  and  all  the  in  and  out  lots  or  frac- 
tional lots  or  blocks  within,  adjoining  or  adjacent  to  the  land 
so  divided,  giving  the  names,  widths,  courses  and  extent  of  all 
such  streets  and  alleys,  and  numbering  all  lots  and  blocks  by 
progressive  numbers,  giving  their  precise  length  and  width. 
Reference  shall  also  be  made  upon  the  plat  to  some  known 
and  permanent  monument  from  which  future  surveys  may  be 
made,  or,  if  no  such  monument  shall  exist  within  convenient 
distance,  the  surveyor  shall,  at  the  time  of  making  his  survey, 
plant,  and  fix  in  such  manner  that  the  same  shall  not  be  moved 
by  frost,  at  the  corner  of  some  public  ground,  or,  if  there  be 
none,  then  at  the  corner  of  some  lot  or  block  most  convenient 
for  reference,  a  good  and  sufficient  stone,  to  be  furnished  by 
the  person  for  whom  the  survey  is  made,  and  designate  upon 
the  plat  the  point  where  the  same  may  be  found.  [R.  S.  1845, 
p.  115,  §  17,  18, 19. 

§  2.  CERTIFICATE  OF  SURVEYOR — ACKNOWLEDGMENT — RECORD.] 
The  plat  having  been  completed,  shall  be  certified  by  the  sur- 
veyor and  acknowledged  by  the  owner  of  the  land,  or  his 


LAWS   AFFECTING   THE  CITY.  211 

attorney  duly  authorized,  in  the  same  manner  as  deeds  of 
land  are  required  to  be  acknowledged.  The  certificate  of  the 
surveyor  and  of  acknowledgment,  together  with  the  plat,  shall 
be  recorded  in  the  recorder's  office  of  the  county  in  which  the 
land  is  situated,  and  such  acknowledgment  and  record  shall 
have  like  effect  and  certified  copies  thereof  and  of  such  plat 
or  of  any  plat  heretofore  acknowledged  and  certified  accord- 
ing to  law,  may  be  used  in  evidence  to  the  same  extent  and 
with  like  effect,  as  in  case  of  deeds.  PR.  S.  1845.  p.  115, 
§  20. 

§  3.  DEDICATION — EFFECT  OF.]  The  acknowledgment  and 
recording  of  such  plat  shall  be  held  in  law  and  in  equity  to  be 
a  conveyance  in  fee  simple  of  such  portions  of  the  premises 
platted  as  are  marked  or  noted  on  such  plat  as  donated  or 
granted  to  the  public,  or  any  person,  religious  society,  corpo- 
ration or  body  politic,  and  as  a  general  warranty  against  the 
donor,  his  heirs  and  representatives  to  such  donee  or  grantee 
for  their  use  or  for  the  use  and  purposes  therein  named  or  in- 
tended, and  for  no  other  use  or  purpose.  And  the  premises 
intended  for  any  street,  alley,  way,  common  or  other  public 
use  in  any  city,  village  or  town,  or  addition  thereto,  shall  be 
held  in  the  corporate  name  thereof  in  trust  to  and  for  the  uses 
and  purposes  set  forth  or  intended.  [R.  S.  1845,  p.  115,  §  21. 

§  4.  NEGLECT  TO  PLANT  CORNER  STONE,  ETC.]  Whoever  shall 
lay  out  any  town  or  make  any  addition  to  any  city,  village  or 
town,  or  re-subdivide  any  lots  or  blocks  therein,  and  neglect 
to  plant  any  corner  stone  when  required  by  this  act,  or  shall 
survey  the  same  or  cause  it  to  be  surveyed  in  any  other  man- 
ner than  that  which  is  prescribed  in  this  act,  shall  be  fined  in 
any  sum  not  less  than  $25  nor  exceeding  $100.  [R.  S.  1845, 
p.  116,  §  24. 

§  5.  PENALTY  FOR  SELLING  WITHOUT  PLAT  RECORDED,  ETC.] 
"Whoever  shall  sell  or  offer  for  sale,  or  lease  for  any  time  ex- 
ceeding five  years,  any  lot  or  block  in  any  town,  city  or  village, 
or  any  addition  thereto,  or  any  re-subdivision  of  any  lot  or 
block  therein,  before  all  the  requisitions  of  this  act  have  been 
complied  with,  shall  be  fined  $25  for  each  lot  or  block  or  part 
thereof  so  disposed  of,  offered  for  sale  or  leased.  [R.  S.  1845, 
p.  116,  §25. 

VACATION  OF  PLATS. 

§  6.     OF  THE  WHOLE  PLAT.]    Any  such  plat  may  be  vacated 
by  the  owner  of  the  premises  at  any  time  before  the  sale  of 
any  lot  therein,  by  a  written  instrument  declaring  the  same 
be  vacated,  executed,  acknowledged  or  proved,  and  recorded 


212  LAWS  AFFECTING   THE   CITY. 

in  like  manner  as  deeds  of  land ;  which  declaration  being  duly 
recorded  shall  operate  to  destroy  the  force  and  effect  of  the  re- 
cording of  the  plat  so  vacated,  and  to  divest  all  public  rights  in 
the  streets,  alleys  and  public  grounds,  and  all  dedications  laid 
out  or  described  in  such  plat.  When  lots  have  been  sold,  the 
plat  may  be  vacated  in  the  manner  herein  provided  by  all 
the  owners  of  lots  in  such  plat  joining,  in  the  execution  of 
such  writing.  [L.  1847,  p.  166,  §  1. 

§  7.  OF  PART  OF  PLAT.]  Any  part  of  a  plat  may  be  vacated 
in  the  manner  provided  in  the  preceding  section,  and  subject 
to  the  conditions  therein  prescribed  :  Provided,  such  vacation 
shall  not  abridge  or  destroy  any  of  the  rights  or  privileges  of 
other  proprietors  in  such  plat :  And,  provided,  further,  that 
nothing  contained  in  this  section  shall  authorize  the  closing 
or  obstructing  of  any  public  highway  laid  out  according  to 
law.  [L.  1847,  p.  167,  §  3. 

§  8.  CANCELING  PLAT  OF  RECORD.]  When  any  plat  or  part 
thereof  is  vacated,  the  recorder  in  whose  offico  the  plat  is 
recorded  shall,  upon  the  recording  of  such  vacation,  write  in 
pi ai n  letters  across  the  plat  or  part  so  vacated  the  wo  r d  "  vacated,' ' 
and  shall  also  make  a  reference  on  the  same  to  the  volume 
and  page  in  which  the  instrument  of  vacation  is  recorded. 

PLATS  TO  BE  RECORDED,  ETC. 

§  9.  PLATS  OF  HIGHWAYS,  ETC.,  TO  BE  MADE  AND  RECORDED.] 
Whenever  any  highway,  road,  street,  alley,  public  ground, 
toll-road,  railroad  or  canal  is  laid  out,  located,  opened,  widened 
or  extended,  or  the  location  thereof  altered,  it  shall  be  the 
duty  of  the  commissioners,  authorities,  officers,  persons  or  corpo- 
rations, public  or  private,  laying  out,  locating,  opening,  widen- 
ing, extending  or  altering  the  same,  to  cause  a  plat  thereof 
showing  the  width,  courses  and  extent  thereof,  and  making 
such  reference  to  known  and  established  corners  or  monu- 
ments that  the  location  thereof  may  be  ascertained,  to  be  made, 
and  recorded  in  the  office  of  the  recorder  of  the  county  in 
which  the  premises  taken  or  used  for  the  same,  or  any  part 
thereof,  are  situated,  within  six  months  after  such  highway, 
road,  street,  alley,  public  ground,  toll-road,  railroad  or  canal 
is  laid  out,  located,  opened,  widened  or  extended,  or  the  loca- 
tion thereof  altered ;  and  when  any  highway,  road,  street, 
alley,  public  ground,  toll-road,  railroad  or  canal  is  vacated,  the 
order,  ordinance  or  other  declaration  vacating  the  same  shall 
be  in  like  manner  recorded.  This  act  shall  not  be  construed 
to  alter  or  affect  any  law  specifically  providing  for  the  record- 


LAWS   AFFECTING   THE   CITY.  213 

ing  of  any  such  plat,  or  to  require  the  same  to  be  recorded 
sooner  than  is  so  specifically  provided ;  except  that  any  re 
quirements  to  record  such  plat  in  any  other  place  than  b  pro- 
vided herein  shall  not  excuse  the  parties  from  complying  with 
this  act.  Whoever  shall  refuse  or  neglect  to  comply  with  this 
section  shall  forfeit  $25,  and  the  like  sum  for  ever/month  he 
shall  continue  in  such  refusal  or  neglect  after  conviction  there- 
tor,  to  be  recovered  before  any  justice  of  the  peace  of  the 
county,  in  the  name  of  the  county,  one-half  to  the  use  of  the 
county  and  the  other  half  to  the  use  of  the  person  complain- 
ing. [R.  S.  1845,  p.  487,  §  33. 

§  10,  PROSECUTING  OFFENDERS.]  Whenever  it  shall  come 
to  the  knowledge  of  the  recorder  of  deeds  of  any  county  that 
any  of  the  provisions  of  this  act  have  been  violated,  it  shall 
be  his  duty  to  notify  the  state's  attorney  of  the  fact,  and  the 
state's  attorney  shall  immediately  institute  suit,  and  prosecute 
the  same  to  final  judgment  against  the  person  offending. 

An  Act  to  authorize  courts  of  record,  in  certain  cases,  to  or- 
der lands  to  be  subdivided  and  platted. 

[Approved  March  18, 1874.    In  force  July  1, 1874.] 

SECTION  1.    Plats  in  proceedings  in  courts. 

2.  Effects  of  such  maps. 

3.  Costs. 

SECTION  1.  PLATS  IN  PROCEEDINGS  IN  COURT.]  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly :  That  in  any  proceeding  in  any  court  of  record  in 
this  state,  by  executors  or  administrators,  for  the  sale  of  lands 
of  deceased  persons,  or  by  guardians,  for  the  sale  of  lands  of 
their  wards,  or  for  partition  of  lands,  when  such  lands  are  to 
be  sold  in  parcels,  or  actual  partition  thereof  shall  be  made, 
it  shall  be  competent  for  the  court  to  order  such  executor  or 
administrator,  guardian,  master  in  chancery,  special  commis- 
sioner, or  other  officer  or  person  authorized  to  sell  the  lands 
in  question  in  any  such  proceeding,  or  commissioners  author- 
ized to  make  partition  of  such  lands,  to  cause  such  lands  to  be 
surveyed  and  subdivided,  and  a  map  or  plat  of  the  same  to  be 
made,  showing  the  lots  or  parcels  of  such  subdivision  or  par- 
tition designated  by  numbers  or  letters:  which  map  or  plat 
shall  be  acknowledged  by  the  person  or  persons  so  causing 
the  same  to  be  made,  in  like  manner  as  is  now  required  by 
law  in  cases  of  plats  or  maps  made  by  owners  of  lands,  and 
shall,  in  like  manner,  be  certified  by  the  surveyor  or  engineer 


214  LAWS   AFFECTING  THE   CITY. 

making  the  same ;  which  certificate  shall  contain,  among  other 
things,  an  accurate  and  definite  description  of  the  lands  so 
subdivided  or  partitioned  ;  and  such  map  or  plat  shall  be  sub- 
mitted to  the  court  for  his  approval,  and  if  approved  by  the 
court,  shall  be  recorded  in  the  recorder's  office  of  the  county 
or  counties  in  which  the  lands  in  question  in  any  such  pro- 
ceeding, are  situate. 

§  2.  EFFECT  OF  SUCH  MAPS.]  Maps  or  plats  of  lands  made 
in  conformity  to  the  preceding  section,  when  approved  by  the 
court,  shall  have  the  like  authenticity  as  maps  or  plats  of 
lands  made  by  owners  of  the  same,  and  shall  be  sufficient  in 
law  for  all  purposes  whatever. 

§  3.  COSTS.]  The  costs  and  expenses  necessarily  incurred 
in  making  such  subdivisions  of  lands  and  maps,  or  plats  of 
the  same,  together  with  the  cost  of  the  record  thereof,  shall 
be  taxed  as  costs  in  any  suit  or  proceeding  in  which  the  court 
shall  order  the  same  to  be  made. 


POLICE  AND  FIREMEN'S  RELIEF  FUND. 

An  Act  to  Provide  a  Fund' for  the  Relief  of  Members  of 
Police  and  Fire  Departments,  in  Incorporated  Cities, 
Wounded  or  Disabled  in  the  Discharge  of  their  Duties, 
and  for  the  Relief  of  the  Surviving  Family  of  any  Mem- 
ber of  said  Departments,  Killed  while  on  Duty. 

I  Approved  March  24, 1874.    In  force  July  1, 1874.] 

SECTION  1.  How  fond  created. 

2.  To  be  appropriated  for  disabled  men,  etc. 

3.  Use  in  case  of  death. 

4.  Vote  necessary  to  appropriate 

5.  Bequests,  gifts,  etc.— treasurer 

6.  No  new  liability  on  city  for  injuries. 

SECTION  1.  How  FUND  CREATED.]  Be  it  enacted  by  the  People 
of  Vu  btate  of  Illinois  represented  in  the  General  Assembly  :  That 
the  corporate  authorities  of  all  cities  in  this  state  may  provide 
by  ordinance  that  all  moneys  received  from  fines  inflicted 
upon  members  of  the  police  and  fire  departments  for  a  viola- 
tion of  the  rules  or  regulations  of  the  service,  and  all  fines 
recovered  because  of  conviction  for  a  violation  of  the  fire  or- 
dinances, and  all  moneys  accruing  from  the  sale  of  unclaimed 
olen  property,  shall  be  paid  into  the  treasury  of  the  city 


LAWS   AFFECTING  THE  CITY.  215 

where  collected,  and  kept  apart  as  a  fund  to  be  called  the 
"Police  and  Firemen's  Relief  Fund,"  for  the  benefit  of  the 
disabled  members  of  the  above  mentioned  departments  of  such 
cities.  [As  amended  by  act  of  April  13, 1875. 

§  2.  TO  BE  APPROPRIATED  FOR  DISABLED  MEN,  ETC.]  When- 
ever any  member  of  either  of  said  departments  shall,  while  in 
the  discharge  of  his  duties  as  a  member  or  officer  of  such 
service,  suffer  wounds,  or  in  any  other  manner  become  dis- 
abled so  as  to  be  unfit  for  further  service,  the  corporate  au- 
thorities of  such  city  shall  appropriate,  out  of  such  fund  for 
his  benefit,  such  an  amount  or  amounts  of  money  as  to  them 
may  seem  just  and  reasonable  :  Provided,  however,  in  all  cities 
where  there  does  now  or  may  hereafter  exist,  a  chartered  be- 
nevolent society,  composed  of  police  or  firemen  of  such  city, 
the  corporate  authorities  may  annually  appropriate  to  the 
treasurer  of  such  society  its  equitable  portion  of  all  moneys 
that  may  be  in  the  treasury  of  such  city  to  the  credit  of  said 
fund,  to  be  used  for  the  benefit  of  its  members.  [As  amended 
by  act  of  April  15,  1875. 

§  3.  USE  IN  CASE  OF  DEATH.]  Whenever  any  member  of  either 
of  such  departments  shall,  while  in  the  active  discharge  of  his 
duty,  suffer  death,  or  die  from  or  on  account  of  injuries  re- 
ceived while  in  such  active  discharge  of  his  duty,  the  corpo- 
rate authorities  of  any  such  city  shall  appropriate  out  of  said 
fund  such  an  amount  as  to  them  shall  seem  just  and  equitable 
for  the  relief  of  the  surviving  members  of  the  family  of  such 
deceased. 

§  4.  VOTE  NECESSARY  TO  APPROPRIATE.]  All  such  appropria- 
tions shall  be  made  by  a  vote  of  a  majority  of  all  the  mem- 
bers elected  of  such  corporate  body ;  and  such  authorities 
alone  shall  have  the  right  to  determine  the  amount  of  relief  to 
be  granted  under  this  act. 

§  5.  BEQUESTS,  GIFTS,  ETC.— TREASURER.]  In  case  of  any 
bequest,  gift,  devise  or  donation  to  the  fund  aforesaid,  the  city 
treasurer  of  such  city,  by  virtue  of  his  office,  and  his  succes- 
sors in  office,  shall  be  the  trustee  of  the  same,  and  in  that 
capacity,  under  the  direction  of  the  corporate  authorities  of 
such  city,  he  shall  administer  the  same. 

§    6.      N~0  NEW  LIABILITY  ON  CITY   FOR  INJURIES.]      Nothing  111 

this  act  shall  be  so  construed  as  to  create  any  new  liability  on 
the  part  of  any  city  for  injuries  received  by  persons  m  its 
service. 


216  LAWS   AFFECTING  THE   CITY. 


POLICE  MAGISTRATES. 

An  act  to  authorize  the  election  of  Police  Magistrates  in 
Towns,  Cities  and  Villages  where  the  same  are  not  now 
provided  for  by  Law. 

[In  force  April  13, 1875.] 

SECTION  1.    Election,  jurisdiction  and  fees  of  police  magistrates. 
"        2     Emergency. 

SECTION  1.  ELECTION,  JURISDICTION  AND  FEES  OF  POLICE 
MAGISTRATES.]  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly  :  That  all  towns, 
cities  and  villages  in  the  State  which  have  been  incorporated 
under  charters  granted  by  special  acts,  or  under  a  general  act, 
when  the  law  under  which  they  are  incorporated  does  not 
authorize  the  election  of  a  police  magistrate,  be  and  they  are 
hereby  authorized  to  elect  one  police  magistrate  at  the  first 
annual  election  of  town,  city  or  village  officers  that  shall  occur 
after  the  passage  of  this  act,  and  quadrennially  thereafter. 
Such  police  magistrates  shall  hold  their  offices  for  the  same 
term,  be  commissioned  and  qualified,  and  have  the  same  juris- 
diction and  fees,  as  police  magistrates  of  villages  have  under 
the  general  law  for  the  incorporation  of  cities  and  villages. 

§  2  EMERGENCY.]  As  the  first  annual  election  of  town, 
city  and  village  officers  in  many  of  the  towns,  cities  and  vil- 
lages in  this  State,  by  this  act  authorized  to  elect  a  police 
magistrate,  will  occur  before  the  first  day  of  July  next,  after 
the  adjournment  of  this  general  assembly,  therefore  an  emer- 
gency exists  requiring  this  act  to  take  effect  immediately ; 
therefore  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage :  Provided,  that  the  election  for  police  magis- 
trates in  cities  that  have  one  or  more  police  magistrates, 
elected  under  a  former  organization  as  a  town  or  city,  shall 
not  be  held  until  the  term  for  which  said  police  magistrate  or 
magistrates  were  elected  has  expired. 


LAWS    AFFECTING   THE  CITY.  217 


REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

An  Act  to  prevent  the  unjust  collection,  by  incorporated 
cities  and  towns,  of  taxes  levied  upon  property  destroyed 
by  fire,  and  to  authorize  the  common  council  of  such 
cities,  or  board  of  trustees  of  such  towns,  to  change  or 
amend  appj-opriation  bills,  to  pass  new  appropriation 
bills,  to  reduce  taxes  and  special  assessments  in  certain 
cases,  and  to  discontinue  special  improvements. 

[Approved  and  in  force  January  18, 1872.] 

SECTION  1.    Rebate  when  property  destroyed. 

2.  Reduce  or  release  tax  or'assessment. 

3.  Emergency. 

SECTION  1,  REBATE  WHEN  PROPERTY  DESTROYED.]  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly  ;  That,  whenever,  in  any  incorporated  city  or 
town  in  this  state,  any  property  listed  or  assessed  for  munici- 
pal taxation,  shall  have  been  or  shall  hereafter  be  destroyed 
by  fire,  in  whole  or  in  part,  before  the  levy  of  the  municipal 
taxes  of  such  city  thereon,  or  before  the  municipal  taxes  levied 
thereon  shall  have  been  collected,  it  shall  and  may  be  lawful 
for  the  Mayor  of  such  city  or  town — if  there  be  no  Mayor, 
then  the  president  of  the  board  of  trustees,  the  city  comp- 
troller, if  there  should  be  one ;  and  if  not,  then  the  city  clerk 
or  town  clerk,  and  the  tax  commissioner  if  there  should  be 
one  ;  if  not,  then  the  chairman  of  the  finance  committee  of 
the  city  council,  or  board  of  trustees — to  rebate  or  remit  so 
much  of  such  tax  or  taxes,  so  levied  upon  such  property,  as 
in  their  opinion  should  be  rebated  or  remitted  by  reason  of 
such  property  having  been,  in  whole  or  in  part,  destroyed  by 
tire. 

§  2.  REDUCE  OR  RELEASE  TAX  OR  ASSESSMENT.]  That  when- 
ever, in  any  incorporated  city  or  town  in  this  state,  any  large 
portion  of  the  taxable  property  of  such  city  shall  have  been 
or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously  im- 
pair or  affect  the  ability  of  the  property  owners  of  such  city 
or  town  to  pay  taxes  or  special  assessments  thereon,  and  an 
appropriation  bill  has  been  made  or  passed,  or  special  im- 
provements ordered  before  such  fire,  and  the  tax  or  assess- 
ment for  the  payment  or  raising  of  the  same  has  not  been 
levied  or  collected,  it  may  be  lawful  for  the  city  council  or 
board  of  trustees  of  any  such  town  to  alter,  revise,  change, 
28 


218  LAWS   AFFECTING   THE   CITY. 

reduce  or  vacate,  or  repeal  such  appropriation  bill,  or  any 
part  of  the  same,  and  to  order  the  discontinuance  of  said 
special  improvements,  or  any  of  the  same,  or  to  reduce  the 
amount  of  taxes  or  special  assessments  ordered  to  be  levied, 
or  assessed,  or  collected  for  any  general  or  special  purpose,  and 
to  pass  a  new  appropriation  bill ;  which  new  appropriation 
bill  shall  have  the  same  force  and  effect  as  if  the  same  had 
been  passed  within  the  time  prescribed  by  the  charter  of  any 
such  city  or  such  corporate  town. 

§  3.  EMERGENCY.]  Whereas  a  large  amount  of  property 
listed  for  taxation  in  the  city  of  Chicago,  and  in  other  cities 
and  towns  of  this  state,  has  been  destroyed  by  fire  before  the 
taxes  thereon  have  been  paid,  which  taxes  it  would  be  unjust 
to  collect,  it  is  declared  that  an  emergency  exists  that  this  law 
go  into  force  immediately,  and  therefore  it  is  enacted  that  this 
law  shall  be  in  force  from  and  after  its  passage. 


SALARIES  OF  CITY  OFFICERS. 

An  Act  to  enable  the  corporate  authorities  of  cities  to  estab- 
lish and  fix  the  salaries  of  city  officers. 

[Approved  and|in  force  April  23, 1873.  J 

SECTION  1.    When  to  be  fixed— not  changed  during  term. 
"        2.    Emergency. 

SECTION  1,  WHEN  TO  BE  FIXED — NOT  CHANGED  DURING  TERM.] 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly  :  It  shall  and  may  be  lawful  for  the  com- 
mon council  or  legislative  authority  of  any  city  in  this  State  to 
establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all 
city  officers,  as  the  case  may  be,  except  members  of  such  legis- 
islative  body,  in  the  annual  appropriation  bill  or  ordinance 
made  for  the  purpose  of  providing  for  the  annual  expenses  of 
any  such  city,  or  by  some  ordinance  prior  to  the  passage  of 
such  annual  appropriation  bill  or  ordinance ;  and  the  salaries 
or  compensation  thus  fixed  or  established,  shall  neither  be  in- 
creased nor  diminished  by  the  said  common  council  or  legis- 
lative authority  of  any  such  city,  after  the  passage  of  said  an- 
nual appropriation  bill  or  ordinance,  during  the  year  for 
which  such  appropriation  is  made,  and  no  extra  compensation 


LAWS   AFFECTING  THE  CITY.  219 

shall  ever  be  allowed  to  any  such  officer  or  employe  over  and 
above  that  provided  in  manner  aforesaid. 

EMERGENCY.]  Whereas  the  corporate  authorities  of 
certain  cities  m  this  State  have  no  power  to  establish  or  fix 
the  salaries  of  their  city  officers  in  certain  cases,  whereby  an 
emergency  exists  requiring  this  act  to  take  immediate  effect ; 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 

Q  Tf  £!>»     1+C!       T%f*  onr*  rvts-\ 


after  its  passage. 


SCHOOLS. 

An  Act  to  Establish  and  Regulate  a  System  of  Public  Schools 
in  the  City  of  Bloomington. 

[In  force  Feb.  16th,  1857.] 

SECTION  1.  Election  of  Board— term  of  office. 

2.  Board  to  elect  officers— Treasurer,  etc. 

3.  City  exempt  from  jurisdiction  of  Trustees— distribution  of  funds  etc 

4.  Meetings— quorum,  etc. 

5.  Power  of  Board— city  to  constitute  one  district. 

6.  Board  to  establish  schools— admission,  etc. 

7.  Power  to  make  rules,  etc. 

8.  Reports  of  Board— tax,  etc. 

9.  Titles  of  school  property  to  be  in  Board. 

10.  Examiners— dates  of,  etc. 

11.  School  examinations. 
'       12.    Repeal. 

13.    When  to  take  effect. 

SECTION  1.  ELECTION  OF  BOARD — TERM  OF  OFFICE.]  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly:  That  there  shall  be  elected  biennially  in 
the  city  of  Bloomington,  b}^  the  qualified  electors  of  said  city, 
a  Board  of  Education,  to  consist  of  seven  members,  which 
shall  be  denominated  the  Board  of  Education,  and  the  per- 
sons so  elected  shall  be  residents  of  said  city,  and  shall  hold 
their  office  for  the  term  of  two  years,  and  until  their  succes- 
sors shall  be  elected  and  qualified.  The  first  election  for  said 
members  of  the  Board  of  Education  shall  be  holden  on  the 
first  Monday  in  April,  A.  D.  1857,  and  on  the  first  Monday  of 
April  biennially  thereafter.  The  meetings  for  said  election 
shall  be  notified  and  called,  and  the  poll  book  opened  and 
kept,  the  votes  canvassed  and  the  returns  made  in  the  same 
manner  as  the  election  of  Mayor  and  aldermen ;  the  seven 
persons  having  the  highest  number  of  votes  shall  be  declared 
elected,  and  the  City  Clerk  immediately  upon  the  result  of 


220  LAWS   AFFECTING   THE    CITY. 

the  election  being  made  known  by  the  proper  returns,  shall 
notify  the  several  persons  so  elected  of  their  election. 

§  2.      BOARD  TO  ELECT  OFFICERS — TREASURER,   ETC.]      The 
Board  of  Education  shall,  within  two  days  after  their  election, 
or  as  soon  thereafter  as  convenient,  meet  within  said  city,  the 
time  and  place  of  meeting  shall  be  made  known  to  all  the 
members  of  said  Board  in  writing,  by  any  two  of  the  persons 
so  elected  ;  when  convened,  the  Board  shall  organize  by  elect- 
ing one  of  their  number  President,  and  appointing  by  ballot 
some  competent  person  to  be  Secretary  of  said  Board,  who 
may  or  may  not  be  a  member  of  the  Board,  and  also  appoint 
a  Treasurer.     The  President  shall  preside  at  all  meetings  of 
the  Board  and  perform  all  the  duties  of  a  presiding  officer. 
The  Secretary  shall  keep  a  record  of  the  proceedings  of  the 
Board  in  a  book  to  be  provided  for  that  purpose  by  the  Board, 
and  shall  perform  such  other  duties  in  relation  to  the  achools 
in  said  city  as  shall  be  required  of  him  by  the  rules  and  regu- 
lations to  be  made  and  established  by  the  Board.     The  Presi- 
dent, Secretary  and  Treasurer  shall  hold  their  offices  for  the 
term  of  two  years,  and  until  their  successors  shall  be  elected 
and  qualified.     The  Secretary  and  Treasurer  shall  be  subject 
to  removal  for  good  cause,  by  a  vote  of  a  majorit}7  of  said 
Board,  and  in  case  of  such  removal,  the  Board  shall  appoint 
a  competent  person  to  fill  the  vacancy.     The  Treasurer  shall 
give  bond  with  good  and  sufficient  securities  to  the  city  of 
Bloomington,  such  bond  to  be  approved  by  said  Board  in  such 
sum  as  the  Board  shall  determine,  but  to  be  in  all  cases  as 
nearly  as  can  be  ascertained,  in  double  the  amount  of  all 
moneys  that  will  at  any  one  time  come  into  his  hands,  and 
conditioned  for  the  performance  of  his  duties  as  such  Treas- 
urer, and  especially  faithfully  to  keep,  and  from  time  to  time 
to  pay  over  upon  the  order  of  the  Board  all  moneys  that  he  shall 
receive  as  such  Treasurer,  and  for  any  breach  of  the  condi- 
tions of  said  bond,  as  such  shall  be  prosecuted  in  the  name  of 
said  city  against  the  said  Treasurer,  under  the  direction  and 
supervision  of  the  said  Board,  and  all  moneys  realized  from  a 
judgment  recovered  against  any  Treasurer  for  a  breach  of  the 
conditions  of  his  bond,  shall  go  into  the  treasury  of  the  Board, 
to  be  used  as  other  school  moneys  are   used.     The  Treasurer 
shall  keep  a  true  and  accurate  account  of  all  moneys  received 
and  paid  out  by  him,  for  what  purposes,  upon  what  and  whose 
account.     But  he  shall  pay  out  no  money  except  upon  order 
of  the  Board ;  for  all  money  paid  out  he  shall  take  and  file 
with  the  papers  of  his  office  proper  vouchers.     He  shall  settle 


LAWS   AFFECTING  THE   CITY.  221 

his  account  with   the  Board  at  least  once  in  each  year,  and 
oftener  if  the  Board  shall  so  require. 

§  3.  ClTY  EXEMPT  FROM  JURISPICTION  OF  TRUSTEES — DISTRI- 
BUTION OF  FUNDS,  ETC.]  The  said  city  of  Bloomington  shall 
be  exempt  from  the  jurisdiction  of  Trustees  of  Schools  in  the 
township  in  which  said  city  of  Bloomington  is  located,  so 
far  as  common  schools  are  concerned,  and  the  School  Com- 
missioner of  McLean  county  shall,  in  the  distribution  of  the 
school  fund  that  may  come  into  his  hands,  apportion  so  much 
of  the  school  fund  as  the  city  of  Bloomington  may  be  entitled 
to,  upon  a  pro  rata  distribution  of  said  funds  among  the  seve- 
ral townships  of  said  county  to  the  said  city  of  Bloomington, 
and  upon  the  filing  of  the  bond  of  the  Treasurer  of  the  said 
Board  of  Education,  the  said  School  Commissioner  shall  pay 
over  to  the  said  Treasurer  the  amount  due  said  city.  All  taxes 
levied  in  accordance  with  the  provisions  of  this  act,  shall  be 
paid  over  by  the  officer  collecting  the  same,  to  the  Treasurer 
of  the  Board  of  Education,  and  upon  all  moneys  passing 
through  his  hands,  the  said  Treasurer  shall  be  allowed  to  re- 
tain two  per  centum.  If  any  vacancy  shall  occur  in  the  Board 
of  Education  between  the  times  of  the  biennial  election,  by 
death,  resignation  or  removal  from  the  limits  of  the  city,  the 
remaining  members  of  the  Board  shall  fill  said  vacancy  by 
appointment,  and  the  person  so  appointed  shall  hold  his  office 
until  the  next  biennial  election  for  members  of  the  Board. 
The  said  Board  of  Education  shall  be  capable  of  contracting 
and  being  contracted  with,  suing  and  being  sued,  pleading  and 
being  impleaded,  in  any  court  of  law  or  equity  in  this  btate, 
and  shall  also  be  capable  of  receiving  any  gift,  grant,  dona- 
tion or  devise  made  for  the  use  of  the  common  schools  in  said 
city. 

§  4.  MEETINGS — QUORUM,  ETC.]  The  said  Board  shall  hold 
their  meetings  at  such  times  and  place  as  they  may  think 
proper ;  that  any  four  of  said  Board  shall  constitute  a  quorum ; 
that  special  meetings  may  be  called  by  the  President  or  any 
two  members  of  the  Board,  on  giving  two  days'  notice  of  the 
time  and  place  of  holding  such  meetings,  but  at  no  special 
meeting  except  all  the  members  of  the  Board  are  present, 
shall  any  resolution  in  relation  to  sites  for  school  houses,  or 
financial  resolution  or  order  be  passed,  unless  the  two  days 
notice  as  aforesaid  be  given,  and  the  subject  or  subjects 
acted  on  be  specified  in  the  notice. 

§  5      POWER  OF  BOARD— CITY  TO  CONSTITUTE  ONE  DISTRK 
The  said  Board  of  Education  shall  have  the  entire  manage- 
ment and  control  of  all  the  common  schools  in  said  city  c 


222  LAWS   AFFECTING  THE   CITT. 

Blooraington,  and  of  all  the  houses,  lands  and  appurtenances 
already  provided  and  set  apart  for  common  school  purposes, 
as  well  as  those  hereafter  to  be  provided  for  the  same  purposes, 
and  the  said  city  of  Blooraington  shall,  from  and  after  the 
first  Monday  of  April  next,  constitute  but  one  school  district, 
and  all  moneys  accruing  to  said  district  for  school  purposes 
under  any  law  of  this  State,  shall  be  paid  over  to  the  Treas- 
urer of  said  Board  of  Education. 

§  6.  BOARD  TO  ESTABLISH  SCHOOLS — ADMISSION,  ETC.]  It 
shall  be  the  duty  of  said  Board  of  Education,  so  soon  as  they 
may  realize  sufficient  funds  for  the  purpose,  to  establish  within 
the  bounds  of  the  city  of  Bloomington,  a  sufficient  number 
of  primary,  secondary  and  grammar  schools  to*  accommodate 
all  the  children  of  said  city,  and  they  shall  also  establish  a 
city  high  school,  in  said  city,  of  a  grade  above  the  grammar 
school.  To  each  school  in  this  system  there  shall  be  gratuitous 
admission  for  the  children,  wards  and  apprentices  of  all  the 
residents  of  the  city  of  Bloomington,  and  of  such  other  per- 
sons living  in  the  immediate  vicinity  as  may  own  property, 
charged  with  a  school  tax  in  said  city  of  Bloomington,  with 
the  following  restrictions,  viz  :  No  pupil  shall  be  admitted  to 
the  secondary,  grammar  or  high  schools  who  fails  to  sustain  a 
thorough  examination  in  the  studies  of  the  school  of  the  next 
lower  grade,  and  the  teachers  in  either  school  shall  have  power 
in  accordance  with  the  rules  and  regulations  of  the  Board  of 
Education,  to  exclude  pupils  for  misconduct  or  non-attend- 
ance. 

§  7.  POWER  TO  MAKE  RULES,  ETC.]  The  said  Board  of  Edu- 
cation shall  have  power  to  make  and  enforce  all  necessary 
rules  ^and  regulations  for  the  government  of  teachers  and  pupils 
in  said  schools,  to  employ  teachers,  male  and  female,  from 
among  those  who  have  received  a  certificate  from  the  city  ex- 
aminers, and  pay  them  a  suitable  compensation ;  to  purchase 
all  necessary  books  and  apparatus ;  to  select  sites  for  school 
houses,  and  superintend  the  building  of  the  same  upon  their 
own  plan,  and  to  pay  for  the  lands  and  houses  and  furniture, 
as  well  as  the  other  expenses  of  said  school  system,  from  the 
public  moneys  in  the  hands  of  the  Treasurer  of  said  Board. 

§  8.  REPORTS  OF  BOARD — TAX,  ETC.]  The  said  Board  of 
Education,  within  thirty  days  after  their  organization,  shall 
report  to  the  City  Council  of  the  city  of  Bloomington,  the 
number  and  description  of  buildings  necessary  for  the  pur- 
poses of  common  schools  in  said  city,  which  report  shall  be 
in  writing,  and  shall  specify  the  amount  of  money  necessary 
to  be  raised  to  meet  the  expenses  of  erecting  such  buildings, 


LAWS   AFFECTING   THE   CITY.  223 

and  said  Board  shall  also  specify  in  said  report  the  amount  of 
money  necessary  to  be  raised  in  addition  to  the  money  accru- 
ing to  said  city  under  the  General  School  Law  of  this  State,' 
to  defray  all  the  other  expenses  of  said  school  system  durin-- 
the  current  year,  and  thereupon  the  said  City  Council  shall 
proceed  to  levy  a  tax  sufficient  to  meet  such  expenses  of  build- 
ing and  repairing  school  houses,  and  the  expenses  attendant 
upon  the  maintenance  of  said  free  schools  in  said  city  during 
the  whole  year,  customary  vacations  only  excepted,  said  taxes 
to  be  levied  and  collected  as  the  other  taxes  of  said  city  are 
or  may  be  collected  :  Provided,  Said  tax  shall  not  exceed  five 
mills  on  the  dollar  of  the  taxable  property  of  said  city,  and  it 
shall  be  the  duty  of  said  Board,  on  or  before  the  first  Monday 
in  April  in  every  year  thereafter,  to  make  a  report  in  writing 
to  the  City  Council  of  all  moneys  received,  how  and  for  what 
purpose  expended,  with  the  proper  vouchers,  and  give  such 
other  information  in  relation  to  said  schools  as  they  may  deem 
important,  specifying  in  said  annual  report  the  amount  of 
money  necessary  to  be  raised  by  taxation  to  defray  the  ex- 
penses of  said  school  system,  and  the  City  Council  shall,  an- 
nually, upon  the  coming  in  of  such  report,  and  within  thirt}r 
days  thereafter,  proceed  to  levy  a  tax  sufficient  to  meet  such 
expenses,  to  be  levied  and  collected  as  the  other  taxes  of  said 
city :  Provided,  Said  taxes  shall  not  exceed  five  mills  on  the 
dollar  of  the  taxable  property  of  said  city,  and  the  said  City 
Council  shall  cause  all  such  reports  of  the  Board  of  Education 
to  be  published,  or  so  much  thereof  as  they  may  deem  neces- 
sary, the  reports  being  left  with  the  Mayor  of  the  city,  open 
to  public  inspection. 

§  9.  TITLES  OF  SCHOOL  PROPERTY  TO  BE  IN  BOARD.]  All  legal 
titles  to  land  and  houses  and  other  property  used  for  common 
school  purposes  in  said  city  of  Bloomington,  shall  vest  in  said 
Board  of  Education  at  the  taking  effect  of  this  act ;  and  all 
titles  acquired  thereafter  shall  be  in  the  name  of  said  Board 
of  Education  ;  and  said  Board  of  Education  shall  have  power 
to  sell,  lease  and  convey  any  and  all  of  the  lands  and  tene- 
ments held  under  and  by  virtue  of  this  act,  and  to  purchase 
other  lands  and  tenements  in  more  eligible  positions. 

§  10.  EXAMINERS— DUTIES  OF,  ETC.]  The  said  Board  of 
Education  shall,  immediately  upon  their  election  as  herein- 
before provided,  appoint  three  competent  persons  to  serve  as 
school  examiners  of  said  city,  all  of  whom  shall  be  citizens  ot 
Bloomington,  to  serve  for  two  years,  one  of  whom  they  shall 
designate  as  City  School  Superintendent,  and  it  shall  be  hie 
dutv  to  visit,  inspect  and  exercise  a  general  control  over  said 


224  LAWS   AFFECTING  THE    CITY. 

system  of  schools,  subject  to  the  direction  of  said  Board,  and 
be  compensated  for  his  service  as  said  Board  may  from  time 
to  time  determine,  and  biennially  thereafter  said  Board  shall 
appoint  three  competent  persons  to  act  as  school  examiners 
for  said  city ;  the  said  examiners,  or  any  two  of  them,  shall 
examine  such  persons  as  shall  apply  for  that  purpose,  and  if 
they  find  the  applicant  qualified  to  teach,  they  shall  give  him 
or  her  a  certificate  naming  the  branches  he  or  she  is  found 
qualified  to  teach,  showing  that  they  have  inquired  into  his  or 
her  character,  and  believe  it  to  be  moral  and  good,  and  that 
he  or  she  is  qualified  to  govern  and  teach ;  the  said  examiners 
shall  also  recommend  suitable  text- books  to  be  adopted  by  the 
said  Board  of  Education  for  the  use  of  schools,  and  serni- 
annually  report  the  condition  of  said  schools  to  the  City  Coun- 
cil, the  publication  of  which  shall  be  at  the  discretion  of  the 
said  Council. 

§  11.  SCHOOL  EXAMINATIONS.]  Annually  at  such  time  as 
the  Board  shall  appoint  public  examinations  of  all  the  schools 
shall  be  had,  under  the  direction  of  the  Board  of  Education 
and  the  examiners. 

§  12.  REPEAL.]  So  much  of  the  General  School  Law,  and 
so  much  of  all  other  laws  of  this  State,  general  or  local,  as 
may  be  inconsistent  with  this  act,  are  repealed  as  to  said  city 
of  Bloomington. 

§  13.  WHEN  TO  TAKE  EFFECT.]  This  act  shall  take  effect 
from  and  after  its  passage. 

An  Act  to  provide  Amendments  to  the  Bloomington  School 
Law. 

[Approved  Feb.  16,  1865.] 

SECTION  1.  Amendment  of  school  law. 

2.  Section  ten  amended. 

3.  Place  of  holding  elections. 

4.  Power  of  Board  to  borrow  money. 

5.  Approval  of  these  amendments. 

SECTION  1.  AMENDMENT  OF  SCHOOL  LAW.]  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General  Assem- 
bly: That  the  act  entitled  "An  act  to  establish  and  regulate  a 
system  of  Public  Schools  in  the  City  of  Bloomington;"  ap- 
proved February  16, 1857,  be  and  the  same  is  hereby  amended 
as  follows,  to- wit:  The  words,  "and  of  such  other  persons 
living  in  the  immediate  vicinity  as  may  own  property  charged 
with  a  school  tax  in  said  city  of  Bloomington,"  in  the  sixth 
section  of  said  act,  are  stricken  out.  Also,  in  the  eighth  sec- 
tion of  said  act,  the  word  "  five,"  in  both  places  where  it  oc- 


LAWS   AFFECTING  THE  CITY.  225 

curs  before  the  word  "  mills,"  shall  he  and  is  herehy  changed 
to  "  ten,"  so  that  it  shall  read  in  both  places  ten  mills  on  the 
dollar  of  the  taxable  property  of  said  city,  instead  of  "  five  " 
mills. 

§  2.  SECTION  TEN  AMENDED.]  That  the  tenth  section  of  said 
act  be  and  is  hereby  so  amended  that  the  said  Board  of  Edu- 
cation are  hereby  authorized  to  choose  the  "  examiners"  pro- 
vided for  in  said  section,  one  or  all  of  them,  from  the  mem- 
bers of  said  Board. 

§  3.  PLACE  OF  HOLDING  ELECTIONS.]  That  hereafter  all  elec- 
tions  under  said  school  law  shall  be  held  at  one  place,  to-wit : 
At  the  court  house  in  said  city  of  Bloomington,  instead  of  in 
the  several  wards  as  heretofore. 

§  4.  POWER  OF  BOARD  TO  BORROW  MONEY.]  That  the  said 
Board  of  Education  are  hereby  authorized  to  borrow  money 
upon  the  signature  of  its  President  and  Secretary,  (having 
been  previously  authorized  to  do  so  by  the  Board  at  one  of  its 
legal  meetings,)  at  a  rate  of  interest  not  to  exceed  ten  per 
cent,  per  annum,  for  the  purpose  of  purchasing  sites,  building 
and  repairing  school  houses,  or  furnishing  the  same,  to  an 
amount  not  to  exceed  for  any  one  loan  one-half  of  the  prob- 
able sum  to  be  realized  from  the  taxes  of  the  succeeding  year, 
to  be  paid  out  of  said  taxes  when  collected  in  all  cases. 

§  5.  APPROVAL  OF  THESE  AMENDMENTS.]  These  amend- 
ments shall  take  effect  and  be  in  force  from  and  after  their 
approval  by  the  legal  voters  of  said  city  at  the  regular  election 
for  the  members  of  the  Board  of  Education,  in  April  next, 
(1865,)  at  which  election  the  question  shall  be  submitted  in 
the  following  manner :  Ballots  shall  be  prepared  "  for  the 
amendments  to  the  school  law,"  and  "  against  the  amendments 
to  the  school  law;"  and  if  more  votes  shall  be  cast  for  than 
against  said  amendments,  then  said  amendments  shall,  from 
that  date,  be  and  become  a  part  of  the  school  law  for  said 
city  of  Bloomington.  But  if  more  votes  shall  be  cast  against 
than  for  said  amendments,  then  said  amendments  shall  not 
become  a  portion  of  said  school  law. 


—29 


226  LAWS   AFFECTING   THE   CITY. 

An  Act  to  amend  an  act  entitled,  "An  Act  to  Establish  and 
Regulate  a  System  of  Public  Schools  in  the  City  of  Bloom- 
ington." 

[Approved  Feb.  22, 1867.] 

SECTION  1.  Amendment. 

_.  Purpose  of  amendment. 

3.  Power  to  issue  bonds. 

4.  To  whom  payable — how  executed. 
6.  Bonds  due — how  met. 

6.  Bonds  to  be  a  lien,  etc. 

7.  When  in  force. 

SECTION  1.  AMENDMENT.]  Be  it  enacted  by  the  People  of  the 
Stale  of  Illinois,  represented  in  the  General  Assembly  :  That  the 
Act  entitled  "An  act  to  establish  and  regulate  a  system  of 
Public  Schools  in  the  city  of  Bloomington,"  be,  and  the  same 
is  hereby  amended  as  follows: 

§  2.  PURPOSE  OF  AMENDMENT.]  That  in  addition  to  the 
power  and  authority  vested  in  the  Board  of  Education  of  the 
city  of  Bloomington  by  the  act  to  which  this  is  an  amend- 
ment, and  the  former  amendment  thereto,  and"  for  the  pur- 
pose of  enabling  said  Board  to  purchase  proper  sites  for  school 
houses,  to  erect  suitable  buildings  thereon,  and  to  finish  and 
furnish  all  of  their  school  houses  in  a  proper  manner,  the  said 
Board  of  Education  shall  have  the  power,  and  they  are  hereby 
vested  with  the  authority  following: 

§  3.  POWER  TO  ISSUE  BONDS.]  To  issue  bonds  of  such  de- 
nominations and  in  su^ch  sums  as  they  may  deem  proper,  not 
to  exceed  in  the  aggregate  the  sum  of  one  hundred  thousand 
dollars,  bearing  interest  payable  annually  or  semi-annually,  at 
a  rate  not  to  exceed  ten  per  cent,  per  annum.  Said  bonds  to 
be  made  payable  not  less  than  five  years  nor  more  than  twenty 
years  from  their  dates,  respectively,  and  not  to  exceed  ten 
thousand  dollars  of  said  bonds,  shall  be  made  payable  or  fall 
due  in  any  one  year. 

§  4.  To  WHOM  PAYABLE — HOW  EXECUTED.]  That  each  and 
all  of  said  bonds,  so  to  be  issued  as  aforesaid,  shall  be  made 
payable  to  the  order  of  some  particular  person  therein  set 
forth  and  named,  and  shall  be  executed  by  the  Board  of  Edu- 
cation, under  their  seal,  by  and  through  their  President  and 
Secretary,  and  shall  also  be  countersigned  by  the  Treasurer 
of  said  Board.  And  it  shall  also  be  the  duty  of  the  said  Sec- 
retary and  Treasurer,  each  to  keep  in  a  book  provided  for  that 
purpose,  an  accurate  list  of  all  bonds  so  issued,  with  a  full 
description  thereof. 

§  5.  BONDS  DUE — HOW  MET.]  On  any  year  hereafter  when 
the  principal  of  any  series  of  said  bonds  shall  fall  due ;  or  on 


LAWS    AFFECTING   THE  CITY.  227 

any  year  when  the  interest  upon  said  bonds  shall  accrue  to  a 
larger  amount  than  there  shall  be  funds  in  the  hands  of  the 
Treasurer  of  said  Board  to  pay  from  the  present  tax  now 
authorized  to  be  levied  by  law,  the  said  Board  of  Education 
shall,  in  their  annual  report  preceding  the  falling  due  of  said 
bonds,  or  the  accruing  of  said  interest,  (as  provided  for  in 
section  eight  of  the  act  to  which  this  is  an  amendment,)  certify 
to  the  City  Council  of  said  city,  the  amount  so  to  fall  due  and 
become  payable,  by  the  maturity  of  said  bonds  or  the  accruing 
of  said  interest  in  addition  to  the  other  expenses  and  moneys 
to  be  raised  by  tax,  and  reported  to  said  Council  as  provided 
in  said  section  eight  of  said  original  act,  and  the  said  City 
Council  shall  thereupon  proceed  to  levy  a  tax  sufficient  to 
meet  the  amount  so  to  fall  due  by  the  maturity  of  said  bonds 
or  the  accruing  of  said  interest,  in  addition  to  the  amount 
now  authorized  by  said  original  act  and  an  amendment  there- 
to, to  be  levied  and  collected  :  Provided,  That  the  additional 
tax  authorized  to  be  levied  and  collected  by  this  act  shall  not 
exceed  in  any  one  year  one  cent  on  the  dollar  of  all  the  tax- 
able property  of  said  city,  and  the  said  additional  tax  shall  be 
collected,  paid  over  and  treated  in  all  respects  in  the  same 
manner  as  other  taxes  levied  for  school  purposes  by  said  city, 
as  provided  for  in  said  original  act,  and  the  said  amendment 
thereto. 

§  6.  BONDS  TO  BE  A  LIEN,  ETC.]  All  the  real  estate,  build- 
ings and  property  of  said  Board  of  Education  in  said  city, 
shall  be  liable  for  the  payment  of  said  bonds  and  the  interest 
thereon,  and  the  said  bonds  shall  be  and  become  a  lien  upon 
said  real  estate  from  their  date,  and  in  the  order  in  which  the 
same  are  issued,  and  shall  so  remain  until  the  full  payment 
thereof. 

§  7,  WHEN  IN  FORCE.]  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


228  LAWS   AFFECTING   THE   CITY. 

An  Act  to  amend  an  act  entitled  "  An  Act  to  establish  and 
regulate  a  system  of  public  schools  in  the  City  of  Blovm- 
ington,"  approved  February  £2,  1857,  and  amendments 
thereto. 

[In  force,  March  31, 1869.] 

SECTION  1.    School  law  amended. 

"         2.    Amendmendment  of  sec.  2. 
"        3.    Raising  money— vote — tax,  etc. 
"         4.    Repeal . 
"        5.    When  in  force. 

SECTION  1.  SCHOOL  LAW  AMENDED.]  Be  it  enacted  by  tJie  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly  : 
That  an  act  entitled  "An  act  to  establish  and  regulate  a  sys- 
tem of  public  schools  in  the  City  of  Bloomington,"  approved 
February  22,  1857,  and  amendments  thereto,  be  and  the  same 
is  hereby  amended,  as  follows,  to-wit :  That  the  board  of  edu- 
cation of  [the]  city  of  Bloomington  shall,  at  their  first  meet- 
ing after  the  election  to  be  holden  on  the  first  Monday  of 
April,  A.  1).  1869,  draw  lots  for  their  respective  terms  of  office 
— two  to  serve  one  year,  two  to  serve  two  years,  and  three  to 
serve  three  years,  and  until  their  successors  in  office  are  elect- 
ed and  qualified.  And  hereafter  elections  shall  be  held  annu- 
ually,  on  the  first  Monday  of  April,  to  fill  all  vacancies:  Pro- 
vided, if  any  vacancies  shall  occur  in  the  said  Board  of  Educa- 
tion between  the  times  of  the  said  annual  elections,  the  re- 
maining members  of  said  Board  of  Education  shall  fill  said 
vacancies  by  appointment ;  and  the  person  or  persons  so  ap- 
pointed shall  hold  said  office  until  the  next  annual  election  for 
members  of  said  board :  And,  provided,  also,  that  all  school 
elections  in  the  City  of  Bloomington  shall  be  exempt  from  all 
the  registry  laws  of  the  State. 

§  2.  AMENDMENT  OF  SEC.  2.]  That  the  second  section  of 
this  act  be  and  is  hereby  so  amended  that  the  clause,  "  by  any 
two  persons  so  elected,"  shall  read,  "  by  the  secretary  of  the 
board;"  and  also  the  clause,  "  for  the  term  of  two  years,"  be 
so  amended  as  to  read,  "  for  the  term  of  one  year ;"  also 
section  ten  (10)  of  the  same  act  be  so  amended  that  the  clause, 
"  to  serve  two  years,  one  of  whom  they  shall  designate  city 
school  superintendent,"  as  to  read,  "  to  serve  for  the  term  of 
one  year,  and  shall  have  power  to  elect  a  city  school  superin- 
tendent" (who  shall  be  a  member  of  the  committee  of  school 
examiners,)  at  such  time  and  in  such  manner  as  shall  be  fixed 
by  the  rules  and  regulations  of  the  Board,  and  it  shall  be  his 
duty  to  visit,"  etc.,  as  provided  in  said  act. 

§  3.  RAISING  MONEY — VOTE — TAX,  ETC.]  That  the  said 
Board  of  Education  shall  have  power,  when,  in  their  judg- 


LAWS   AFFECTING   THE   CITY.  229 

\ 

ment,  more  money  is  required  than  is  now  provided  for  in 
said  act,  and  amendments  thereto,  by  taxation  or  otherwise,  to 
build  additional  school  buildings,  to  purchase  grounds,  or  to 
make  additional  improvements  on  buildings,  grounds  or  fur- 
niture, to  call  a  school  election  of  the  qualified  voters  of  said 
City  of  Bloorningtou,  by  giving  twenty  days'  notice,  to  vote 
whether  the  Board  of  Education  shall  be  authorized  to  issue 
and  sell  additional  bonds,  or  be  empowered  to  levy  additional 
taxes  for  said  purposes ;  and  said  notice  shall  specify  the 
amount  of  bonds  to  be  issued  or  tax  to  be  assessed,  and  the 
purposes  for  which  they  are  to  be  used  ;  and 'if  a  majority  of 
the  votes  cast  at  such  election  shall  be  in  favor  of  issuing  such 
additional  bonds  or  levying  such  additional  taxes,  then  it 
shall  be  lawful  for  said  Board  of  Education  to  execute  said 
bonds  in  the  same  manner  as  provided  in  said  act,  or  levy  said 
tax,  and  use  the  amount  of  money  so  voted  on  [the]  same  con- 
ditions and  in  the  same  manner  as  authorized  by  amendment 
to  school  law,  approved  February  22,  1867 :  Provided,  that 
the  amount  of  additional  indebtedness,  by  bonds  so  voted, 
shall  at  no  time  exceed  the  sum  of  one  hundred  thousand  dol- 
lars, nor  shall  the  taxes  so  voted  exceed  in  any  one  year  one 
per  cent,  of  all  the  taxable  property  of  said  city,  in  addition  to 
that  which  is  now  authorized  by  said  act,  and  amendments 
thereto. 

§  4.     REPEAL.]     All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  amendment  are  hereby  repealed. 
'   §  5.     WHEN  IN  FORCE.]     This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


SEWERAGE  AND  WATER  TAXES- 

An  Act  in  relation  to  the  levy  and  collection  of  Taxes  for 
Sewerage  and  Water  Works  in  the  cities  of  this  State  tn 
•may  have  established  a  system  of  Sewerage  and  Water 
Works  for  such  city. 

[Approved  and  in  force  April  22, 1871.] 


SECTION  1.    Sewerage  fund  tax. 
"         2.    Water  fund  tax. 
3.    Emergency. 


SECTION  1  SEWERAGE  FUND  TAX.]  Be  it  enacted  by  the  Peo- 
Vkoftie  United  State*  represented  in  the  General  Assembly  : 
That  the  legislative  authority  of  any  such  city  which  now  has 


230  LAWS   AFFECTING   THE    CITY. 

/ 

or  may  hereafter  have  established  a  system  of  sewerage  for 
such  city,  shall  have  power,  annually,  to  levy  and  collect  a  tax 
upon  the  taxable  real  and  personal  estate  of  any  such  city,  not 
to  exceed  one  mill  on  a  dollar,  for  the  extension  and  laying  of 
sewers  therein  and  the  maintenance  of  such  sewers,  which  tax 
shall  be  known  as  "The  Sewerage  Fund  Tax,"  and  shall  be 
levied  and  collected  in  the  same  manner  that  other  general 
taxes  of  any  such  city  are  levied  and  collected :  Provided, 
however,  that  the  board  of  public  works  of  such  city,  if  any, 
or  the  head  of  the  sewer  department  of  such  city,  shall  first 
certify  to  such  legislative  authority  the  amount  that  will  be 
necessary  for  such  purpose. 

§  2.  WATER  FUND  TAX.]  The  legislative  authority  of  any 
stichcity  which  now  has  or  which  may  hereafter  have  established 
water  works,  for  the  supply  of  water  to  the  inhabitants  there- 
of shall  have  power  to  annually  levy  and  collect  a  tax  upon 
the  taxable  real  and  personal  estate  of  any  such  city,  not  to 
exceed  one  mill  on  the  dollar,  for  the  extension  of  water 
mains  or  pipes  therein,  and  the  maintenance  of  such  water 
works,  which  tax  shall  be  known  as  "  The  Water  Fund  Tax," 
and  shall  be  levied  and  collected  in  the  same  manner  that 
other  general  taxes  of  any  such  city  are  levied  and  collected  ; 
Provided,  however,  that  the  board  of  public  works  of  such  city, 
if  any,  or  the  head  of  the  water  department  of  such  city,  shall 
first  certify  to  such  legislative  authority  the  amount  that  will 
be  necessary  for  such  purposes,  and  shall  further  certify  that 
the  revenue  or  income  from  such  water  works  will  be  insuffi- 
cient therefor. 

§  3.  EMERGENCY.]  Whereas  the  health  and  good  govern- 
ment of  such  cities  require  that  they  severally  possess  the 
power  and  authority  conferred  by  this  act  upon  such  cities, 
and  the  officers  thereof,  without  any  delay,  it  is  hereby  de- 
clared that  an  emergency  exists  that  this  law  should  be  in 
force  from  and  after  its  passage.. 


LAWS   AFFECTING   THE   CITY.  231 

SIDEWALKS  IN   CITIES,  TOWNS  AND  VILLAGES. 

An  Act  to  Provide  Additional  Means  for  the  Construction  of 
Sidewalks  in  Cities,  Towns  and  Villages. 

[Approved  April  15, 1875.   In  force  July  1, 1875.] 

SECTION  1.  Sidewalks  by  taxation. 

2.  What  ordinance  may  provide. 

3.  In  case  owner  neglects  to  construct. 

4.  Special  tax— duty  of  clerk  -report 

«     u?h^al  °ffl,cer  Mjtoln  J  udgment-by  what  law  governed. 
6.    When  constructed  by  owner  may  obtain  order. 

SECTION  1.  SIDEWALKS  BY  TAXATION.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly  ,• 
That,  in  addition  to  the  mode  now  authorized  by  law,  any 
city  or  incorporated  town  or  village  may,  by  ordinance,' pro- 
vide for  the  construction  of  sidewalks  therein,  or  along  or 
upon  any  street  or  part  of  street  therein,  and  may,  by  such 
ordinance,  provide  for  the  payment  of  the  whole  or  any  part 
of  the  cost  thereof  by  special  taxation  of  the  lot,  lots  or  par- 
cels of  land  touching  upon  the  line  where  any  such  sidewalk 
shall  be  ordered,  and  such  special  taxation  maybe  either  by  a 
levy  upon  any  lot  of  the  whole,  or  any  part  of  the  cost  of 
making  any  such  sidewalk  in  front  of  such  lot  or  parcel  of 
land,  or  by  levying  the  whole  or  any  part  of  the  cost  upon 
each  of  the  lots  or  parcels  of  laud  touching  upon  the  line  of 
such  sidewalk,  pro  rata  upon  each  of  said  lots  or  parcels,  ac- 
cording to  their  respective  values — the  values  to  be  deter- 
mined by  the  last  preceding  assessment  thereof  for  the  purpose 
of  state  and  county  taxation  ;  or  the  whole  or  any  part  of  the 
cost  thereof  may  be  levied  upon  such  lots  or  parcels  of  land 
in  proportion  to  their  frontage  upon  such  sidewalks,  or  in  pro- 
portion to  their  superficial  area,  as  may  be  provided  by  ordi- 
nance ordering  the  laying  down  of  such  sidewalk ;  and  in 
case  such  ordinance  shall  only  require  the  payment  of  a  part 
of  the  cost  of  such  sidewalk  to  be  paid  by  a  special  tax  as 
aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out  of 
any  fund  of  such  city,  town,  or  village,  raised  by  general  tax- 
ation upon  the  property  thereof,  and  not  otherwise  appro- 
priated. 

§  2.  WHAT  ORDINANCE  MAY  PROVIDE.]  Said  ordinance  shall 
define  the  location  of  such  proposed  sidewalk  with  reasonable 
certainty,  shall  prescribe  its  width,  the  materials  of  which  it 
shall  be  constructed,  and  the  manner  of  its  construction,  and 


232  LAWS   AFFECTING  THE    CITY. 

may  provide  that  the  materials  and  construction  shall  be 
under  the  supervision  of,  and  subject  to,  the  approval  of  some 
officer  or  board  of  officers  of  such  city,  town  and  village,  to  be 
designated  in  said  ordinance.  Said  ordinance  shall  be  pub- 
lished as  required  by  law  for  other  ordinances  of  said  city, 
town  or  village,  and  may  require  all  owners  of  lots  or  parcels 
of  land  touching  the  line  of  said  proposed  sidewalk  to  con- 
struct a  sidewalk  in  front  of  their  respective  lots  or  parcels  in 
accordance  with  the  specifications  of  said  ordinance,  within 
thirty  days  after  such  publication,  and  in  default  thereof,  said 
materials  to  be  furnished  and  sidewalk  constructed  by  said 
city,  town,  or  village,  and  the  cost,  or  such  part  thereof  as 
may  be  fixed  in  said  ordinance,  may  be  collected  from  the  re- 
spective owners  of  said  lots  or  parcels  of  land  as  hereinafter 
provided. 

§  3.  IN  CASE  OWNER  NEGLECTS  TO  CONSTRUCT.]  In  case  of  the 
default  of  any  lot  owner  or  owners  to  construct  the  sidewalks, 
as  required  by  ordinance,  and  the  same  shall  be  constructed 
by  the  city,  town,  or  village,  the  cost  thereof,  or  such  part  of 
the  cost  thereof  as  may  have  been  fixed  by  said  ordinance, 
may  be  recovered  of  the  owners  so  in  default  by  an  action  of 
debt  in  the  name  of  the  city,  town,  or  village,  against  such 
owners  respectively,  in  any  court  of  competent  jurisdiction,  or 
upon  the  completion  of  the  work  by  such  city,  town,  or  vil- 
lage. Such  ordinance  may  provide  that  a  bill  of  the  cost  of 
such  sidewalk,  showing  in  separate  items  the  cost  of  grading, 
materials,  laying  down,  and  supervision,  shall  be  filed  in  the 
office  of  the  clerk  of  such  city,  town,  or  village,  certified  to 
by  the  officer  or  board  designated  by  said  ordinance  to  take 
charge  of  the  construction  of  said  sidewalk,  together  with  a 
list  of  the  lots  or  parcels  of  land  touching  upon  the  line  of 
said  sidewalk,  the  names  of  the  owners  thereof,  and  the  front- 
age, superficial  area,  or  assessed  value  as  aforesaid,  according 
as  said  ordinance  may  provide  for  the  levy  of  said  costs  by 
frontage,  superficial  area,  or  assessed  value;  whereupon  said 
clerk  shall  proceed  to  prepare  a  special  tax  list  against  said 
lots  or  parcels,  and  the  owners  thereof,  ascertaining  by  com- 
putation the  amount  of  special  tax  to  be  charged  against  each 
of  said  lots  or  parcels  and  the  owners  thereof,  on  account  of 
the  construction  of  said  sidewalk,  according  to  the  rule  fixed 
for  the  levy,  of  such  special  tax  by  said  ordinance,  which 
special  tax-list  shall  be  filed  in  the  office  of  said  clerk  ;  and 
said  clerk  shall  thereupon  issue  warrants  directed  to  such 
officer  as  may  be  designated  in  such  ordinance,  for  the  collec- 
tion of  the  amount  of  special  tax  so  ascertained  and  appear- 


LAWS   AFFECTING   THE  CITY.  233 

ing  from  said  special  tax-list  to  be  due  from  the  respective 
owners  of  the  lots  or  parcels  of  land  touching  upon  the  line 
of  said  sidewalk ;  and  such  officer  shall  proceed  to  collect 
such  warrants  in  the  same  manner  as  constables  are  author- 
ized to  collect  executions,  and  make  return  thereof,  together 
with  the  moneys  collected,  to  the  clerk  of  such  city,  town,  or 
village,  within  sixty  days  from  the  date  of  their  issue  ;  and  in 
case  any  such  warrant  shall  be  returned,  as  to  the  whole  or 
any  part  thereof,  "  no  property  found,"  other  warrants  may 
issue,  and  proceedings  by  garnishment  may  be  resorted  to,  as 
in  cases  of  garnishment  in  aid  of  the  collection  of  judgments 
at  law,  and  all  moneys  so  collected  and  paid  over  to  said  clerk 
shall  be,  by  him,  immediately  paid  over  to  the  treasurer  of 
said  city,  town,  or  village. 

§  4.  SPECIAL  TAX — DUTY  OF  CLERK — REPORT.]  Upon  failure 
to  collect  such  special  tax  as  heretofore  provided  in  this  act,  it 
shall  be  the  duty  of  said  clerk,  within  such  time  as  such  or- 
dinance may  provide,  to  make  report  of  all  such  special  tax, 
in  writing,  to  such  general  officer  of  the  county  as  may  be  au- 
thorized by  law  to  apply  for  judgment  against,  and  sell  lands 
for  taxes  clue  county  or  state,  of  all  the  lots  or  parcels  of  land 
upon  which  such  special  tax  shall  be  so  unpaid,  with  the 
names  of  the  respective  owners  thereof,  so  far  as  the  same  are 
known  to  said  clerk,  and  the  amount  due  and  unpaid  upon 
each  tract,  together  with  a  copy  of  the  ordinance  ordering  the 
construction  of  said  sidewalk,  which  report  shall  be  accom- 
panied by  the  oath  of  the  clerk  that  the  list  is  a  correct  return 
of  the  lots  and  parcels  of  land  on  which  the  special  tax  levied 
by  authority  of  said  city,  town,  or  village,  for  the  cost  or  par- 
tial cost  (as  the  case  may  be)  of  the  sidewalk  in  said  ordinance 
specified,  remains  due  and  unpaid,  and  that  the  amounts 
therein  stated  as  due  and  unpaid  have  not  been  collected,  nor 
any  part  thereof.  Said  reports,  when  so  made,  shall  be  prima 
facie  evidence  that  all  the  forms  and  requirements  of  the  law 
in  relation  to  making  such  return  have  been  complied  with, 
and  that  the  special  tax,  as  mentioned  in  said  report,  is  due 
and  unpaid. 

§  5.  GENERAL  OFFICER  TO  OBTAIN  JUDGMENT — BY  WHAT  LAWS 
GOVERNED.]  When  said  general  officer  shall  receive  the  afore- 
said report,  he  shall  atonce  proceed  to  obtain  judgment  against 
said  lots  or  parcels  of  land  for  said  special  tax  remaining  due 
and  unpaid,  in  the  same  manner  as  may  be  provided  by  law 
for  obtaining  judgment  against  lands  for  taxes  due  and  unpaid 
county  and  state,  and  shall  in  the  same  manner  proceed  to  sell 
the  same  for  the  said  special  tax  due  and  unpaid.  In  obtam- 
—30 


234  LAWS   AFFECTING  THE   CITY. 

ing  said  judgment  and  making  said  sale,  the  said  officer 
shall  be  governed  by  the  general  revenue  laws  of  the  state, 
except  when  otherwise  provided  herein,  and  said  general  laws 
shall  also  be  applicable  to  the  execution  or  certificates  of  sale, 
and  deeds  thereon,  and  the  force  and  effect  of  such  sales  and 
deeds  ;  and  all  other  laws  in  relation  to  the  enforcement  and 
collection  of  taxes,  and  redemption  from  tax  sales,  shall  be 
applicable  to  proceedings  to  collect  such  special  tax,  except 
as  herein  otherwise  provided. 

§  6.  WHEN  CONSTRUCTED  BY  OWNER  MAY  OBTAIN  ORDER.] 
Whenever  payment  of  the  costs  of  any  such  sidewalk  is  re- 
quired to  be  made  in  part  by  special  tax,  and  in  part  out  of 
any  general  fund  of  such  city,  town,  or  village,  and  the  owner 
of  any  such  lot  or  parcel  of  land  shall  construct  such  sidewalk 
in  accordance  with  the  ordinance  providing  for  its  construc- 
tion, such  owner  shall  file  with  the  clerk  of  such  city,  town, 
or  village,  an  itemized  statement  of  the  cost  of  such  sidewalk 
so  constructed,  by  him  verified  by  affidavit,  together  with  a 
certificate  of  the  officer  or  board  directed  by  such  ordinance 
to  superintend  the  construction  thereof,  that  such  sidewalk 
has  been  constructed  and  fully  completed  by  such  owner  in 
accordance  with  such  ordinance,  and  the  council  of  such  city, 
town,  or  village  shall  thereupon,  at  its  first  meeting  thereafter', 
allow  and  order  to  be  issued  to  such  owner,  an  order  on  the 
treasurer  of  such  city,  town,  or  village,  for  the  cost  of  the 
construction  of  such  sidewalk,  less  the  amount  of  special  tax 
chargeable  to  the  lot  or  parcel  of  land  of  such  owner  on  the 
line  of  which  such  sidewalk  has  been  so  constructed. 


WATER  WORKS. 

An  Act  authorizing  Cities,  Incorporated   Towns  and  Vil- 
lages to  construct  and  maintain  Water  Works. 

[Approved  and  in  force  April  15, 1873.] 

SECTION  1.  Power  to  supply  water— letting  contract. 

2.  Borrow  money — tax. 

3.  May  acquire  property  for  works,  etc. 

4.  Rules— tax— assessment— lien. 

5.  Special  assessment. 

6.  Separate  fnnd. 

7.  When  act  not  apply. 
-        8.  Emergency. 

SECTION  1.  POWER  TO  SUPPLY  WATER — LETTING  CONTRACT.] 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly  :  That  all  cities,  incorporated  towns  and  vil- 


LAWS   AFFECTING  THE  CITY.  235 

lages  in  this  State  be  and  are  hereby  authorized,  and  shall 
have  power  to  provide  for  a  supply  of  water  for  the  purposes  of 
fire  protection,  and  for  the  use  of  the  inhabitants  of  such  cities, 
incorporated  towns  or  villages,  by  the  erection,  construction 
[and]  maintaining  of  a  system  of  water  works :  Provided,  that 
all  contracts  for  the  erection  or  construction  of  any  such  works, 
or  any  part  thereof,  shall  be  let  to  the  lowest  responsible  bid- 
der therefor,  upon  not  less  than  three  weeks'  public  notice  of 
the  terms  and  conditions  upon  which  the  contract  is  to  be  let 
having  been  given,  by  publication  in  a  newspaper  published 
in  such  city,  town  or  village ;  or  if  no  newspaper  is  published 
therein,  then  in  some  newspaper  published  in  the  county ; 
And,  provided  further,  that  no  member  of  the  City  Council  or 
Board  of  Trustees,  or  Mayor,  shall  be  directly  or  indirectly 
interested  in  any  such  contract;  and  in. all  cases  the  Council  or 
Board  of  Trustees,  as  the  case  may  be,  shall  have  the  right  to 
reject  any  and  all  bids  that  may  not  be  satisfactory  to  them. 
§  2.  BORROW  MONEY — TAX.]  Such  cities,  incorporated 
towns  and  villages  may  borrow  money  and  levy  and  collect  a 

feneral  tax  in  the  same  manner  as  other  municipal  taxes  may 
e  levied  and  collected,  for  the  erection,  construction  and 
maintaining  of  such  water  works,  and  appropriate  money  for 
the  same. 

§  3.  MAY  ACQUIRE  PROPERTY  FOR  WORKS,  ETC.]  For  the 
purpose  of  erecting,  constructing,  locating,  maintaining  or 
supplying  such  water  works,  any  such  city,  incorporated  town 
or  village  may  go  beyond  its  territorial  limits,  and  may  take, 
hold  and  acquire  property  and  real  estate,  by  purchase  or  oth- 
erwise ;  and  shall  also  have  the  power  to  take,  hold  and  acquire 
and  condemn  any  and  all  necessary  property  and  real  estate 
for  the  location,  erection,  construction  and  maintaining  of 
such  water  works,  in  the  manner  provided  for  the  taking  and 
condemning  of  private  property  for  public  use ;  and  may  also 
acquire  and  hold  real  estate  and  other  property  and  rights 
necessary  for  the  location,  erection,  construction  and  mainte- 
nance of  such  water  works  by  purchase  or  otherwise ;  and  the 
jurisdiction  of  such  city,  town  or  village  to  prevent  or  punish 
any  pollution  or  injury  to  the  stream  or  source  of  water  for  the 
supply  of  such  water  works,  shall  extend  ten  miles  beyond  its 
corporate  limits. 

§  4.  RULES  —  TAX  —  ASSESSMENT  —  LIEN.]  The  Common 
Council  of  such  cities,  or  Trustees  of  such  towns  or  villages,  shall 
have  power  to  make  and  enforce  all  needful  rules  and  regula- 
tions in  the  erection,  construction  and  management  of  such 
water  works,  and  for  the  use  of  water  supplied  by  the  same. 


286  LAWS   AFFECTING  THE   CITY. 

And  such  cities,  towns  and  villages  shall  have  the  right  and 
power  to  tax,  assess  and  collect  from  the  inhabitants  thereof 
such  tax,  rent  or  rates  for  the  use  or  benefit  of  water  used  or 
supplied  to  them  by  such  water  works,  as  the  Common  Council 
or  Board  of  Trustees,  as  the  case  may  be,  shall  deem  just  and 
expedient.  And  all  such  water  taxes,  rates  or  rents  shall  be  a 
lien  upon  the  premises  and  real  estate  upon  or  for  which  the 
same  is  used  or  supplied.  And  such  taxes,  rents  or  rates 
shall  be  paid  and  collected,  and  such  lien  enforced,  in  such 
manner  as  the  Common  Council  shall,  by  ordinance,  direct 
and  provide. 

§  5.  SPECIAL  ASSESSMENT.]  The  expense  of  locating,  erect- 
ing and  constructing  reservoirs  and  hydrants  for  the  purpose 
of  fire  protection,  and  the  expense  of  constructing  and  laying 
water  main  pipes,  or  such  part  thereof  as  may  be  just  and 
lawful,  may  be  assessed  upon  and  collected  from  the  property 
and  real  estate  specially  benefited  thereby,  if  any,  in  such 
manner  as  may  be  provided  for  the  making  of  special  assess- 
ments for  other  public  improvements  in  such  cities,  towns  or 
villages. 

§  6.  SEPARATE  FUND.]  All  the  income  received  by  such 
cities,  towns  or  villages  from  such  water  works,  from  the  pay- 
ment and  collection  of  water  taxes,  rents  or  rates,  shall  be 
kept  in  a  separate  fund,  and  shall  first  be  applied  in  the  pay- 
ment and  discharge  of  the  costs,  interest  on  bonds  or  money 
borrowed  and  used  in  the  erection  and  construction  of  such 
water  works  and  running  expenses  thereof.  And  any  surplus 
may  be  applied  in  such  manner  as  the  Common  Council  or 
Board  of  Trustees  may  direct. 

§  7.  WHEN  ACT  NOT  APPLY.]  The  provisions  of  this  act 
shall  not  apply  to  cities,  towns  or  villages  in  which  water 
works  are  now  managed  or  controlled  by  a  board  of  public 
works. 

§  8.  EMERGENCY.]  Whereas  many  of  the  cities  embraced 
in  this  act  are  entirely  without  adequate  protection  from  fires, 
and  are  without  lawful  authority  to  provide  the  necessary 
means  of  protection  authorized  by  this  act ;  therefore  an  emer- 
gency exists  that  this  act  should  take  effect  immediately  : 
therefore  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


LAWS   AFFECTING    THE   CITY.  237 

An  Act  to  provide  for  the  laying  of  Water  Supply  Pipe  by 
Bonds  and  Special  Assessments,  payable  in  installments. 

[Approved  and  in  force,  March  17,  1S74.] 

SECTION  1.  Ponds— assessments  payable  in  installments. 

2.  When  installments  payable— interest. 

"         3.  Applies  to  assessments  already  ordered. 

"         4.  Emergency. 

SECTION  1.  BONDS  —  ASSESSMENTS  PAYABLE  IN  INSTALL- 
MENTS.] Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
resented  in  the  General  Assembly :  That  whenever  the  corpo- 
rate authorities  of  any  city,  town  or  village  shall  provide,  by 
ordinance,  for  the  laying  of  water  supply  pipes,  to  be  paid  for 
by  a  special  assessment  to  be  made  under  the  provisions  of 
article  nine  of  the  act  of  the  general  assembly,  entitled  "An 
act  to  provide  for  the  incorporation  of  cities  and  villages,"  ap- 
proved April  10,  A.  D.  1872,  such  corporate  authorities  may, 
in  their  discretion,  provide  in  such  ordinance,  or  by  an  ordi- 
nance to  be  adopted  at  any  time  prior  to  the  issuance  of  the 
warrant  to  the  collector  for  the  collection  of  such  assessment, 
that  the  amount  of  the  estimated  cost  of  such  improvement 
shall  be  provided  for  in  the  following  manner,  to-wit :  That 
bonds  of  the  city,  town  or  village,  as  the  case  may  be,  shall  be 
issued  for  such  portion  of  the  estimated  cost  of  such  improve- 
ment as  shall  be  apportioned  to  the  city,  town  or  village  as 
public  benefit,  payable  at  such  time  or  times,  within  twenty 
years,  as  may  be  provided  by  said  ordinance,  or  it  may  in  such 
ordinance  be  provided  that  all  or  any  portion  of  the  amount, 
so  apportioned  as  public  benefits,  may  be  made  by  general 
taxation  in  accordance  with  the  provisions  contained  in  said 
article  nine,  and  that  the  portion  of  said  estimated  cost  which 
shall  be  assessed  upon  property  specially  benefited,  shall  be 
payable  in  such  annual  installments,  not  exceeding  ten  in 
number,  as  may  in  such  ordinance  be  prescribed :  Provided, 
that  nothing  in  this  section  shall  authorize  any  city,  town  or 
village  to  issue  such  bonds  to  an  amount,  including  all  exist- 
ing indebtedness,  in  excess  of  the  charter,  statutory  or  consti- 
tutional limitation  of  the  indebtedness  of  such  city,  town  or 

village. 

§  2.  WHEN  INSTALLMENTS  PAYABLE — INTEREST.]  Whenever 
such  corporate  authorities  shall  have  provided  by  ordinance 
for  the  making  of  such  improvement  in  the  manner  prescribed 
in  section  one  of  this  act,  the  first  installment  of  the  amount 
assessed  upon  property  specially  benefited  shall  be  payable 
immediatelv  upon  the  issuance,  by  the  clerk  of  such  city,  town 


238  LAWS   AFFECTING   THE   CITY. 

or  village,  of  his  warrant  to  the  collector,  and  the  subsequent 
installments  shall  be  payable  annually  thereafter,  with  interest 
until  paid,  at  such  rate  as  shall  be  prescribed  in  such  ordi- 
nance, not  exceeding  ten  per  cent,  per  annum. 

§  3.  APPLIES  TO  ASSESSMENTS  ALREADY  ORDERED.]  This  act 
shall  apply  to  assessments  already  ordered  for  the  purpose  set 
forth  in  section  one  of  this  act,  and  the  ordinances  in  relation 
thereto,  as  well  as  to  ordinances  hereafter  to  be  adopted. 

§  4.  EMERGENCY.]  Whereas  certain  cities,  towns  and  vil- 
lages are  about  to  lay  water  supply  pipe,  and  are  desirous  of 
availing  themselves  of  the  provisions  of  this  act,  therefore  an 
emergency  is  declared  to  exist,  and  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

An  Act  to  enable  Cities  and  Villages  to  contract  for  a  sup- 
ply of  Water  for  Public  Use,  and  to  levy  and  collect  a  Tax 
to  pay  for  Water  so  supplied. 

[Approved  April  9, 1872.    In  force  July  1,1872.] 

SECTION  l.    Power  to  contract  for  water. 
2.    Tax. 

SECTION  1,  POWER  TO  CONTRACT  FOR  WATER.]  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly  :  That  in  all  cities  and  villages  where  water  works 
may  hereafter  be  constructed  by  an  incorporated  company, 
the  city  or  village  authorities  in  such  cities  and  villages  may 
contract  with  such  incorporated  company  for  a  supply  of  water 
for  public  use,  for  a  period  not  exceeding  thirty  years. 

§  2.  TAX.]  Any  such  city  or  village  so  contracting  may 
levy  and  collect  a  tax  on  all  taxable  property  within  such  city 
or  village,  to  pay  for  the  water  so  supplied. 


LAWS   AFFECTING  THE   CITY.  239 


WEIGHTS  AND  MEASURES. 

An  Act  to  revise  the  law  in  relation  to  Weights  and  Meas- 
ures. 

[Approved  February  27, 1874.    In  force  July  1, 1874.] 

SECTION  1.  Standards. 

2.  To  be  kept  by  State  Sealer. 

3.  Heaped  measure. 

4.  Measure  not  heaped. 

6.  The  hundred  weight— ton. 

6.  Contracts  must  be  according  to  standard. 

7.  Weight  per  bushel. 

8.  Penalty. 

9.  State  Sealer— his  duties. 

10.  County  Seal— standards  procured. 

11.  Duty  of  County  Sealer. 

12.  Fees. 

13.  Penalty  for  neglect  of  County  Sealer. 

14.  Penalty  for  using  weights,  etc.,  that  do  not  conform. 

SECTION  1.  STANDARD.]  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly,  That  the 
weights  and  measures  received  from  the  United  States,  and 
now  in  charge  of  the  Secretary  of  State,  to-wit:  One  yard 
measure,  one  half  bushel,  one  wine  gallon,  one  wine  quart, 
one  wine  pint,  one  wine  half  pint,  one  set  of  avoirdupois 
weights,  consisting  of  fifty,  twenty-five,  twenty,  ten,  five,  four, 
three,  two  and  one  pounds,  and  from  eight  ounces  down  to 
one  drachm  ;  one  set  of  troy  weights,  from  five  thousand  pen- 
nyweights down  to  half  a  grain,  and  from  one  pound  down  to 
the  ten-thousandth  part  of  an  ounce,  together  with  the  three 
sets  of  balances,  when  received  from  the  United  States,  shall 
be  and  remain,  and  be  used  as  the  sole  authorized  public 
standard  of  weights  and  measures.  [R.  S.  1845,  p.  532,  §  1. 

§  2.  To  BE  KEPT  BY  STATE  SEALER.]  Such  weights,  measures 
and  balances  as  may  be  procured,  from  time  to  time,  to  re- 
place those  before  mentioned,  shall  be  preserved  in  the  same 
form,  and  of  the  same  dimensions,  the  denominations  of  the 
weights  and  measures  being  marked  thereon,  respectively ; 
and  they  shall  be  sealed  with  the  seal  which  is  kept  for  that 
purpose  by  the  State  Sealer. 

§  3.  HEAPED  MEASURE.]  All  commodities  sold  by  heaped 
measure,  shall  be  duly  heaped  up  in  the  form  of  a  cone,  the 
outside  of  the  measure  by  which  the  same  shall  be  measured 
to  be  the  limit  of  the  base  of  such  cone,  and  such  cone  to  be 
as  hio-h  as  the  article  to  be  measured  will  admit.  [R,  S.  1845, 
p.  532,  §  2. 


240  LAWS   AFFECTING  THE   CITY. 

§  4.  MEASURES  NOT  HEAPED.]  The  measures  used  for 
measuring  dry  commodities,  not  heaped,  shall  be  stricken 
with  a  straight  stick  or  roller,  and  of  the  same  diameter  from 
end  to  end.  [R.  S.  1845,  p,  532,  §  3. 

§  5.  HUNDRED-WEIGHT — TON.]  The  hundred-weight  shall 
consist  of  one  hundred  pounds,  and  twenty  such  hundred- 
weights shall  constitute  a  ton.  [R.  S.  1845,  p.  532,  §  5. 

§  6.  CONTRACTS  MUST  BE  ACCORDING  TO  STANDARD.]  Con- 
tracts hereafter  to  be  executed,  made  within  this  State,  for 
any  work  to  be  done,  or  for  anything  to  be  sold,  delivered, 
done,  or  agreed  for,  by'weight  or  measure,  shall  be  taken  and 
construed  to  be  made  according  to  the  standard  weight  and 
measure  thus  ascertained.  [R.  S.  1845,  p.  532,  §  4. 

§  7.  WEIGHT  PER  BUSHEL.]  Whenever  any  of  the  follow- 
ing articles  shall  be  contracted  for,  or  sold  or  delivered,  and 
no  special  contract  or  agreement  shall  be  made  to  the  con- 
trary, the  weight  per  bushel  shall  be  as  follows,  to-wit : 

Pounds.  Pounds. 

Stone-coal 80    Buckwheat 52 

Unslacked  lime 80     Coarse  salt 50 

Corn  in  the  ear 70    Barley 48 

Wheat 60     Corn  meal 48 

Irish  potatoes 60     Castor  beans 46 

White  beans 60     Timothy  seed 45 

Clover  seed 60     Hemp  seed 44 

Onions 57    Malt 38 

Shelled  corn 56     Dried  peaches 33 

Rye 56     Oats 32 

Flax  seed 56    Dried  apples 24 

Sweet  potatoes 55     Bran 20 

Turnips 55    Blue  grass  seed 14 

Fine  salt 55     Hair  (plastering)... 8 

[L.  1855,  p.  176,  §  1. 

§  8.  PENALTY.]  Whoever,  in  buying  any  of  the  articles  of 
property  mentioned  iii  the  preceding  section,  shall  take  any 
greater  number  of  pounds  thereof  to  the  bushel,  or,  in  selling 
any  of  said  articles,  shall  give  any  less  number  of  pounds 
thereof  to  the  bushel  than  is  allowed  by  said  section,  with  an 
intent  to  gain  an  advantage  thereby,  except  where  expressly 
authorized  so  to  do  by  special  contract  or  agreement  to  that 
effect,  shall  be  liable  to  the  party  injured  in  double  the  amount 
of  the  property  so  wrongfully  taken  or  not  given,  and  $10  in 


LAWS   AFFECTING   THE   CITY.  241 

addition  thereto,  to  be  recovered  in  any  form  of  action,  in  any 
court  of  competent  jurisdiction. 

§  9.  STATE  SEALER— HIS  DUTIES.]  The  Secretary  of  State 
shall  be,  ex-qfficio,  State  Sealer  of  weights  and  measures,  and 
shall  have  the  care  and  custody  of  the  authorized  public  stand- 
ards of  weights  and  measures.  He  shall  try  and  prove,  by 
such  standards,  all  weights  and  measures,  scales  and  beams 
which  may  belong  to  any  county,  and  be  sent  or  brought  to 
him  for  that  purpose  by  the  County  Sealer,  and  shall  seal  such, 
when  found  to  be  accurate,  by  stamping  on  them  the  letter 
"I,"  with  a  seal  which  he  shall  have  and  keep  for  that  pur- 
pose. [R.  S.  1845,  p.  533,  §  9,  14. 

§  10.  COUNTY  SEALER — STANDARDS  PROCURED.]  The  County 
Clerk  of  each  county  shall  be  the  sealer  of  weights  and  meas- 
ures for  the  county,  and  shall  have  the  care  and  custody  of  the 
county  standards.  He  shall  procure,  at  the  expense  of  the 
county,  when  authorized  by  the  County  Board,  and  not  al- 
ready provided,  a  full  set  of  weights  and  measures,  scales  and 
beams,  which  he  shall  cause  to  be  tried,  proved  and  sealed  by 
the  State  standards,  under  the  direction  of  the  Secretary  of 
State.  [R.  S.  1845,  p.  532,  §  8 ;  p.  533,  §  14. 

§  11.  DUTY  OF  COUNTY  SEALER.]  The  several  county  sealers 
shall  try  and  prove  all  weights  and  measures,  scales  and 
beams,  when  requested  so  to  do ;  and  when  the  same  are 
found  or  made  to  conform  to  the  legal  standards,  they  shall 
seal  and  mark  such  weights  and  measures,  with  a  seal  to  be 
kept  by  them  for  that  purpose.  [R.  S.  1845,  p.  533,  §  10. 

§  12.  FEES.]  The  secretary  of  state  and  each  county 
sealer  shall  be  entitled  to  receive  for  his  services,  at  and  after 
the  following  rates:  For  sealing  and  marking  every  beam,  ten 
cents;  for  sealing  and  marking  measures  of  extension,  at  the 
rate  of  ten  cents  per  yard,  not  to  exceed  fifty  cents  for  any  one 
measure;  for  sealing  and  marking  every  weight,  two  cents ; 
for  sealing  and  marking  liquid  and  dry  measures,  if  the  same 
be  of  the  capacity  of  a  gallon  or  more,  ten  cents,  or  less  than 
a  gallon  five  cents.  They  shall  also  be  entitled  to  a  reasona- 
ble compensation  for  making  such  weights  and  measures  con- 
form to  the  standard  established  by  this  act.  [R.  S.  1845, 

p.  533,  §  12. 

§  13.     PENALTY   FOR    NEGLECT  OF  COUNTY   SEALER.]     J^very 
county  clerk  who  neglects  to   have  the   standards  under  his 
charge  compared  and  sealed  as  required  by  this  act,  or  neg- 
lects to  keep  the  same  in  good  order  and  repair,  or  who .suffers 
any  of  them,  through  his  neglect,  to  be  lost,  damaged  or 
stroyed,  shall  forfeit  to  the  county  not  less  than  $60  nor  moi 
—31 


242  LAWS   AFFECTING   THE   CITY. 

than  $200,  to  be  recovered  before  any  justice  of  the  peace  of 
the  county.     [R.  S.  1845,  p.  533,  §  11. 

§  14.  PENALTY  FOR  USING  WEIGHTS,  ETC.,  THAT  DO  NOT  CON- 
FORM.] Whoever  sells  by  any  other  weights,  measures,  scales, 
beams  or  balances  than  such  as  conform  to  such  standards, 
shall  forfeit  a  sum  not  exceeding  $20  for  each  offense,  and 
when  by  the  custom  of  trade  they  are  provided  by  the  buyer, 
if  he  purchases  by  any  other  weights,  measures,  scales,  beams 
or  balances,  he  shall  be  subject  to  a  like  penalty,  to  be  re- 
covered before  a  justice  of  the  peace  in  the  name  and  for  the 
use  of  the  person  complaining. 


APPENDIX. 


THE  CITY  GOVERNMENT, 

FROM  ITS  INCORPORATION  IN  1850,  TO  THE 
YEAR    1876. 


1850— DAVID  I.  PERRY,  Mayor. 

FIRST  WARD — Jay  N.  Ward. 
SECOND  WARD — Bailey  H.  Cofi'ey. 
THIRD  WARD — Wm.  Gillespie. 
FOURTH  WARD — E.  Thomas. 

1851— CHARLES  P.  MERRIMAN,  Mayor. 

FIRST  WARD — Joshua  H.  Harlan. 
SECOND  WARD — Bailey  H.  Coffey. 
THIRD  WARD — Wm.  Gillespie. 
FOURTH  WARD — E.  Thomas. 

1852— JOHN  H.  WICKIZER,  Mayor. 

FIRST  WARD — Joshua  H.  Harlan. 
SECOND  WARD — William  Wallace. 
THIRD  WARD — Bailey  H.  Coffey. 
FOURTH  WARD — Thomas  F.  Worrell. 

1853— WILLIAM  WALLACE,  Mayor. 

FIRST  WARD — Goodman  Ferre. 
SECOND  WARD — Samuel  Doughty. 
THIRD  WARD — William  Gillespie. 
FOURTH  WARD — Thomas  F.  Worrell. 

1854— JOHN  W.  EWING,  Mayor. 

FIRST  WARD— Goodman  Ferre. 
SECOND  WARD— Samuel  Doughty. 


246  APPENDIX. 

THIRD  WARD — Daniel  J.  Combs. 
FOURTH  WARD — John  L.  Routt. 

1855— FRANKLIN  PRICE,  Mayor. 

FIRST  WARD — Henry  S.  Herr. 
SECOND  WARD — Oliver  Ellsworth. 
THIRD  WARD — George  Hinshaw. 
FOURTH  WARD — John  L.  Routt. 

1856— FRANKLIN  PRICE,  Mayor. 

FIRST  WARD— Milo  Chatfield, 
SECOND  WARD — Oliver  Ellsworth. 
THIRD  WARD — Mark  Ross. 
FOURTH  WARD — J.  T.  Stevenson. 

1857— AMASA  J.  MERRIMAN,  Mayor. 

FIRST  WARD— Milo  Chatfield. 
SECOND  WARD — Alex  B.  Shaffer, 
THIRD  WARD — Mark  Ross. 
FOURTH  WARD — W.  C.  Watkins. 

1858— A.  J.  MERRIMAN,  Mayor. 

FIRST  WARD— Milo  Chatfield. 
SECOND  WARD — Alex.  B.  Shaffer. 
THIRD  WARD— E.  H.  Rood. 
FOURTH  WARD — D.  F.  Stinson. 

1859— JOHN  M.  STILWILL,  Mayor. 
FIRST  WARD— Goodman  Ferre. 
SECOND  WARD — George  W.  Parke. 
THIRD  WARD— E.  H.  Rood. 
FOURTH  WARD— D.  F.  Stinson. 

1860— H.  S.  HERR,  Mayor. 
FIRST  WARD — Goodman  Ferre. 
SECOND  WARD — George  W.  Parke. 
THIRD  WARD— J.  N.  Larrimore. 
FOURTH  WARD — Joel  Depew. 

1861— GEORGE  PARKE,  Mayor. 
FIRST  WARD — D.  D.  Haggard. 
SECOND  WARD— Robert  Parke.' 


APPENDIX.  247 


THIRD  WARD— J.  N.  Larrimore. 
FOURTH  WARD — Joel  Depew. 

1862— GEORGE  PARKE,  Mayor. 
FIRST  WARD— D.  D.  Haggard. 
SECOND  WARD — Robert  Parke. 
THIRD  WARD— Wm.  VanSchoick. 
FOURTH  WARD— S.  W.  Dodd. 

1863— A.  J.  MERRIMAN,  Mayor. 
FIRST  WARD — William  Paist. 
SECOND  WARD — William  S.  Vreeland. 
THIRD  WARD — William  Van  Schoick. 
FOURTH  WARD— S.  W.  Dodd. 
FIFTH  WARD — R.  McDonald. 

1864— JOEL  DEPEW,  Mayor. 

FIRST  WARD — William  Paist. 
SECOND  WARD — W.  S.  Vreeland. 
THIRD  WARD — William  VanSchoick. 
FOURTH  WARD — B.  Holcomb. 
FIFTH  WARD — M.  McDonald. 

1865— E.  H.  ROOD,  Mayor. 

FIRST  WARD— J.  Ellis. 
SECOND  WARD — P.  Whitmer. 
THIRD  WARD — William  VanSchoick. 
FOURTH  WARD — B.  Holcomb. 
FIFTH  WARD — William  Condon. 

1866— E.  H.  ROOD,  Mayor. 

FIRST  WARD— J.  Ellis. 
SECOND  WARD — P.  Whitmer. 
THIRD  WARD— A.  B.  Gillett. 
FOURTH  WARD — B.  Holcomb. 
FIFTH  WARD — William  Condon. 

1867— E.  H.  ROOD,  Mayor. 

FIRST  WARD — Luman  Burr,  J.  Ellis. 
SECOND  WARD— F.  A.  Packard,  W.  C.  Johnson. 
THIRD  WARD— S.  W.  Waddle,  A.  B.  Gillett. 
FOURTH  WARD— Peter  Rockwell,  B.  Holcomb. 
FIFTH  WARD— S.  S.  Parke,  M.  McGrath. 


248  APPENDIX. 

1868— J.  M.  STILWILL,  Mayor. 

FIRST  WARD — D.  D.  Haggard,  L.  Burr. 
SECOND  WARD — T.  J.  Bunn,  F.  A.  Packard. 
THIRD  WARD— H.  M.  Riggs,  S.  W.  Waddle. 
FOURTH  WARD — D.  0.  Moore,  P.  Rockwell. 
FIFTH  WARD — John  H.  Regan,  S.  S.  Parke. 

1869— J.  M.  STILWILL,  Mayor. 

FIRST  WARD — John  Geltmacher,  D.  D.  Haggard. 
SECOND  WARD — John  Weichlin,  T.  J.  Bunn. 
THIRD  WARD— E.  F.  Edwards,  H.  M.  Riggs. 
FOURTH  WARD — Peter  Rockwell,  D.  O.  Moore. 
FIFTH  WARD — Michael  Mahoney,  J.  H.  Regan. 

1870— T.  J.  BUNN",  Mayor. 

FIRST  WARD — E.  B.  Steere,  John  Geltmacher. 
SECOND  WARD — Michael  Martin,  John  Weichlin. 
THIRD  WARD— J.  P.  Butler,  E.  F.  Edwards. 
FOURTH  WARD — William  Wilson,  Peter  Rockwell. 
FIFTH  WARD — James  O'Donoran,  Michael  Mahoney. 
SIXTH  WARD — H.  G.  Reeves,  David  Kern. 

1871— B.  F.  FUNK,  Mayor. 

FIRST  WARD— T.  F.  Harwood,  E.  B.  Steere. 
SECOND  WARD — Peter  Folsom,  M.  Martin. 
THIRD  WARD— E.  F.  Edwards,  J.  P.  Butler. 
FOUTH  WARD — George  Bruner,  William  Wilson. 
FIFTH  WARD — Henry  Geymer,  James  O'Donovan. 
SIXTH  WARD — David  Kern,  H.  G.  Reeves. 

1872— B.  F.  FUNK,  Mayor. 

FIRST  WARD— T.  F.  Harwood,  E.  B.  Steere. 
SECOND  WARD— Peter  Folsom,  William  Spurgin. 
THIRD  WARD— E.  F.  Edwards,  J.  P.  Butler. 
FOURTH  WARD — George  Bruner,  S.  Sampson. 
FIFTH  WARD— Henry  Geymer,  William  H,  Bell. 
SIXTH  WARD— David  Kern,  Robert  Thompson. 

1873— B.  F.  FUNK,  Mayor. 
FIRST  WARD— E.  B.  Steere,  John  E.  Thomas. 
SECOND  WARD— William  Spurgin,  John  W.  Trotter. 
THIRD  WARD— J.  P.  Butler,  E.  F.  Edwards. 


APPENDIX.  249 

FOUETH  WARD— S.  Sampson,  B.  L.  Lucas 
FIFTH  WARD— W.  H.  Bell,  John  Maher. 
SIXTH  WARD— Robert  Thompson,  John  Reed. 

1874— B.  F.  FUNK,  Mayor. 

FIRST  WARD— John  E.  Thomas,  David  D.  Haggard. 
SECOND  WARD— John  W.  Trotter,  William  Spurgin. 
THIRD  WARD— E,  F.  Edwards,  John  S.  Scibird. 
FOURTH  WARD — B.  L.  Lucas,  Peter  Rockwell. 
FIFTH  WARD — John  Maher,  John  Weichlein. 
SIXTH  WARD — John  Reed,  Robert  Thompson. 

1875— B.  F.  FUNK,  Mayor. 

FIRST  WARD — David  D.  Haggard,  H.  S.  McCurdy. 

SECOND  WARD — Wm.  Spurgin,  John  W.  Trotter,  M.  Hausen. 

THIRD  WARD — John  S.  Scibird,  A.  F.  Risser. 

FOURTH  WARD — Peter  Rockwell,  B.  L.  .Lucas. 

FIFTH  WARD — John  Weichlein,  John  H.  Regan. 

SIXTH  WARD — Robert  Thompson,  John  Reed. 

1876— E.  B.  STEERE,  Mayor. 

FIRST  WARD— H.  S,  McCurdy,  F.  M.  Andrus. 
SECOND  WARD — John  W.  Trotter,  Wm.  Condon. 
THIRD  WARD — A.  F.  Risser,  Enoch  J.  Moore. 
FOURTH  WARD — B.  L.  Lucas,  Wm.  Maddox. 
FIFTH  WARD — John  H.  Regan,  John  Weichlein. 
SIXTH  WARD — John  Reed,  Franklin  White. 


—32 


INDEX 


Sub-divisions  of  sections,  where  they  exist,  are  indicated  in  the 
index  by  the  paragraph  mark,  thus:  f. 


PAGE.  SKC. 

ABATEMENT— Of  nuisance 79      1-5 

Order  of,  made  by  Court 79          1 

When  may  be  summary 79          3 

Manner  of  abating  nuisance 80          4 

"Who  to  pay  cost  of 80          5 

ACCESSORIES— Definition  and  punishment  of.....  67          2 

ACCOUNT— For  supplies— when  not  allowed 118          4 

For  water  supplies — audited  by  Board ^[  3,123 

(See  SUPPLIES  AND  CLAIMS.) 
ACTING  MAYOR— Council  authorized  to  appoint.161 

Appointment  of. 10 

Powers  of. 10 

Pro  tern,  when  appointed 10 

Bond  of. 10 

ACTIONS— To  recover  fines,  etc.,  where  brought.,175 
ADVERTISEMENT— Posting  of  on  property  a  nui- 
sance   74 

AFFIDAVIT— Warrant  to  be  issued  on 69 

Form  of,  for  warrant 69 

Amendment  of  allowed 71 

AFFRAY — Penalty  for  committing 53 

AGENT— Offense  committed  by 67 

ALDERMEN— Election  and  term  of  ofiice  of. 158 

Additional  elected..  1^ 

Qualifications  of 1^9 

Council  may  provide  for  election  of 1  6,  16< 

Not  to  hold' certain  offices 175 


252  INDEX. 

PAGE.  SEC. 

Not  to  be  interested  in  contract  with  city 175  10 

Limit  of  compensation  of. 179  4 

To  be  members  of  Police  Department 9.1  1 

ALLEYS— Power  of  Council  over 172  3 

Herding  or  tying  of  animal  in 6  15 

AMENDMENTS— Allowed  in  prosecutions 70  7 

AMUSEMENT — Dangerous,  Council  may  prohibit 
129,169 

ANIMALS — Power  of  Council  to  prohibit  going  at 

large 1  27,  270 

Power  of  Council  to  punish  abuse  of. f  25,  169 

Power  of  Council  to  compel  fastening  of.^  25,  169 

Penalty  for  permitting  to  go  at  large 1  1 

Duty  of  pound-keeper  to  take  up  and  receive  ..2  3 

Policeman  to  take  up. 2  t 

Person  injured  by  may  take  up 2  4 

Person  taking  up  to  notify  officer 2  4 

Proceedings  upon  complaint 3  5 

Order  to  sell  made,  when 3  5 

Unknown  owner,  complaint,  etc 3  6 

Notice  to  unknown  owner,  form,  etc 3  6 

Order  of  sale,  from,  etc.,  return 4  8 

Proceedings  against  unknown  owner 4  7 

Notice  of  sale,  form,  posting,  etc 4  9 

Surplus  proceeds  from  sale 5  12 

Penalty  for  hindering  impounding  of 5  13 

Penalty  for  wrongfully  taking  up" 6  14 

Herding  or  tying,  when  deemed  a  violation 6  15 

Fees  for  impounding 17  6 

Fees  for  keeping  and  feeding  in  pound 17  6 

Butcher  to  record  description  of  slaughtered...  37  2 

Penalty  for  butchering  diseased 38  4 

Penalty  for  selling  flesh  of  diseased 38  5 

Cruelty  to,  prohibited 58  13 

Penalty  for  abandoning  upon  street 58  13 

Penalty  for  riding  or  driving  immoderately 58  2 

Penalty  forscaring 59  5 

Penalty  for  leaving  unfastened 59  6 

Vicious,  not  to  go  at  large,  penalty 59  10 

Penalty  for  driving  upon  lawn  or  sidewalk 61  3 

Penalty  for  feeding  in  fire  limits,  etc 62  7 

Penalty  for  turning  in  public  inclosure 62  7 

Hitching  to  lamp  post,  etc 62  8 

Suffering  carcass  of  to  remain  in  city 75  11 


INDEX.  253 

ANNEXATION  OF  TERRITORY-Act  of  Leg-4™' 
islature  concerning  ..........................  199-203 

APPEALS—  Power  of  Council  to  regulate  ............  171          2 

City  may  take  without  bond  .........................  175          8 

Additional  evidence  on,  admitted  .........  .........  179          2 

When  allowed  ...........................................  72         16 

APPEAL  BOND  —  Council  may  require  to  be  given!71          2 

APPENDIX—  To  revised  ordinances  .............  245-249 

APPLICATION—  For  leave  to  tap  water  pipesl  2,  122 
For  water,  to  state  purpose,  etc  ..............  ^  9,  123 

For  peddler's  license,  what  to  state  .................  41          4 

For  liquor  license,  what  to  state  ....................  51          2 

For  license,  generally  ..................................  33          1 

For  auction  license,  what  to  state  ...................  35          3 

APPOINTMENT—  Of  pound-keeper  ....................     2 

Of  additional  pound-keepers,  when  ................     5        10 

Of  City  Sexton  ..........................................     8 

Of  officers,  generally,  when  made,  etc  ............  81          1 

Of  City  Assessor  .......................................  83          1 

Of  Town  Collector  for  city  ...........................  86          4 

Of  City  Engineer  ......................................  86          1 

Of  City  Weigher  .......................................  89          1 

Of  Health  Officer  ......................................  90 

Of  Inspector  of  Weights  and  Measures  ..........  91 

Of  City  Measurer  .......................................  93 

Of  Oil  Inspector  ........................................  94 

Of  Water  Board  .........................................  119 

Of  Superintendent  of  Water  Works  ..............  119 

ARREST—  Council    may   authorize  for  breach  of 

ordinance  ...........................................  171 

Power  of  City  officers  to  make  .....................  176 

Duty  of  officer  making  ................  ...............  71 

For  violation  of  ordinance  ...........................  69 

ASSESSOR—  See  CITY  ASSESSOR. 

ASSAULT  AND   BATTERY—  Penalty  for  com- 

mitting ....................  .......................  V\,55 

ASSESSMENT  —  For  street  improvement  howmade!72 
Council  may  authorize  suit  for  amount  of.  .......  172 

Of  water  rents  ............................  ••  .............  ]\ 

Delinquent  returned  to  County  Collector  ........  11 


Of  property,  how  made 


* 


Dutv  of  Attorney  to  inspect  rolls  of  ...............  £ 

(See  SPECIAL  ASSESSMENTS.) 

ASSETS—  Of  city,  account  of  kept..........  ...........  »b 

ATTEMPT—  To  commit  offense,  penalty  tor  .........  o/ 


254  INDEX. 

PAGE.  SEC. 

ATTORNEY— See  CITY  ATTORNEY. 

AUCTIONS    AND    AUCTIONEERS— Power   of 

Council  to  license  auctions 1  9,  167 

License  required 34  1 

Blooded  stock  exempt 34  1 

Auctioneers  to  give  bond 35  1-2 

Condition  of  auctioneer's  bond 35  2 

Rate  and  time  of  license  for 35  3 

Application  to  state  place  of  business 35  3 

License  not  transferable 35  4 

"Who  may  sell  under  license 35  4 

License  to  cover  but  one  place  of  business 35  4 

Change  of  place  of  business 35  4 

Auctioneers  to  pay  1  per  ct.  of  sale  to  treasurer  35  5 

Auctioneer  to  keep  1)ook 36  6 

Auctioneer  to  make  statements  of  sales 36  6 

Selling  at  auction  without  license,  penalty 36  7 

Substitution  of  article  and  other  frauds,  penalty  36  8 

AWNING— Penalty  for  defacing 61  2 

Unsafe,  a  nuisance 78  22 

"Wooden,  with  supports,  a  nuisance 78  23 

IB. 

BAIL — When  defendant  to  give 70  5 

BALL  PLAYING — Upon  public  grounds,  penalty  63  15 

BALLOT  BOXES— How  constructed ..  15  6 

To  be  examined  and  locked  by  judges 15  6 

BASE  PLANE— For  computation  of  grades,  estab- 
lished                           24  1 

BAWDY  HOUSE— Power  of  Council' to  prohibit. 

p     ••;••••-; : 112,168 

Penalty  for  keeping 55  g 

Penalty  against  inmate  of,  etc 56  9 

EEF — Council  may  cause  inspection  of IF  22   169 

ETTING-Penalty  for . 57  11 

BEGGARS — Power  of  Council  to  restrain  and  pun- 
ish           ...IT  35  170 

BILL— Of  supplies,  to  be  filed  with  Clerk.... '  .'.118  3 

When  not  allowed  by  Council 118  4 

What  to  contain ''.'.118  5 

Certificate  of  officer  to 118 

Preserved  by  Clerk  after  payment.!!!.!.!... ....'!!  85 

BILL  BOARDS — When  a  nuisance .  76  13 


INDEX.  255 

BILL   OF    EXCEPTIONS— May  be  required  on*™' 
appeals,  etc 171 

BILL  OF    PARTICULARS— When  "fiied'in  city 

cases^. 70          g 

BILL   POSTERS — License  for  required,  rate,  etc..  50          2 
Penalty  for  failing  to  obtain  license ,.  51 

BILLIARD  ROOMS— To  be  closed  on  Sunday 37          2 

To  be  closed  at  11  p.  m 37          2 

Keeper  of  to  exclude  minors,  penalty 37          3 

BILLIARD  TABLES— Power  of  Council  to  license, 

etc 1  30, 170 

License  for,  rate,  etc.,  penalty 37          1 

BLACKSMITH  (SHOPS)— Power  of  Council  over 

117,168 

BLOOMINGTON— (See  CITY  OF  BLOOMINGTON.) 

BOARD  OF  HEALTH— Appointment  of. 10          4 

To  designate  place  for  removal  of  patients 60        17 

BOARD  OF  EDUCATION— Election,  powers  and 

duties  of. 219-229 

BOND — Power  of  Council  to  require  of  officer.  ...f  1, 167 

Power  of  Council  to  require  on  appeal 171  2 

Not  required  of  city  on  appeal 175 

Of  Pound-keeper 2 

Of  Mayor  and  Acting  Mayor 10 

For  license,  clerk  to  take  and  approve 34 

Auctioneer  required  to  give 35       1-; 

Of  junk-dealer 41 

Of  pawnbroker 43 

Of  porters  and  runners 45 

Of  liquor  seller 51 

Terms  and  conditions  of  liquor  seller's  bond...  51 

Penalty  for  selling  liquor  without  giving 52 

Of  city  officers  generally 82 

Of  City  Assessor £ 

Of  City  Attorney * 

Attorney  to  draft  for  city £ 

Of  City  Clerk * 

Of  City  Collector * 

Of  City  Engineer * 

Of  City  Weigher - 

Of  Health  Officer 

Of  Inspector  of  Weights  and  Measures 91 

Of  City  Measurer ;  J 

Of  Oil  Inspector j; 

Of  Street  Commissioner •• 


256  INDEX. 

PAGE.  SEC. 

Of  City  Treasurer 96  1 

Of  Superintendent  of  Water  Works 120  4 

BONDS — Powers  of  Council  to  issue  for  fire  purposes!  73  5 

Power  to  issue  to  C.  &  A.  R.  R.  Co 177  1 

Power  to  issue  for  sewerage  purposes 180  1-2 

BOOK— To  be  kept  by  City  Weigher 89  3 

BOON  STREET— Grade  of. 28  6 

BOUNDARIES— Of  city 157  1 

(See  CITY  LIMITS.) 

BO  YS— Not  to  go  abroad  at  night 68  5 

Policemen  to  arrest,  etc 68  5 

BREWERY— Power  of  Council  over f  17,  168 

When  deemed  a  nuisance- 76  16 

BREACH  OF  PEACE— Penalty  for  committing...  53  2 

BRIDGES-  To  be  maintained  by  R.  R.  companies.107  1 
(See  RAILROADS.) 

Committee  on  appointed 10  4 

Penalty  for  injuring 61  2 

BROKERS— Power  to  license,  etc 1  9,  167 

Obstruction  of  a  nuisance 75  8 

BUILDING— Power  of  Council  to  erect 1  9,  167 

Unsafe,  Council  may  prohibit ^  39,  171 

Posting  bills  on,  nuisance 74  5 

Unsafe,  declared  a  nuisance 78  26 

Council  may  stop  erection  of,  when 79  27 

BUILDING  LINES— Grade  of,  what  to  be 25  3 

(See  GRADES.) 

BUILDING  MATERIAL— Council  may  cause  in- 
spection of. f  22,  169 

To  be  measured,  etc 93  2 

(See  CITY  MEASURER.) 

BURNING  FLUID— Inspector  of  appointed 94  1 

(See  OIL  INSPECTOR.) 

BUTCHERS— Power  of  Council  to  license,  etc 178  1 

License  for  required,  rate,  time,  etc 37  1 

Who  deemed 37  i 

To  keep  book,  description  of  animals  killed,  etc.  37  2 

Book  subject  to  inspection  of  officers 37  2 

Penalty  for  failure  to  keep  book 38  2 

Report,  penalty  for  false  report,  etc 38  3 

Killing  diseased  animals,  etc.,  penalty 38  4 

Selling  diseased  meat,  etc.,  penalty 38  5 

Meat  Inspectors,  powers  of,  etc 39  6 

Condemnation  of  meat,  etc 39  6 

Refusal  to  exhibit  animal,  etc .  39  7 


INDEX.  257 

T7-  .  T  PAOB.  SBC. 

Keeping  condemned  meat,  etc 39          7 

Appeal  to  Marshal  or  Mayor  allowed 39 

Moieties  given  informers,  etc 39          8 

BUTTER — When  Council  may  authorize  seizure 
of- f40,171 

c. 

CAB— Rate  of  license  for 49          2 

Rate  of  charges  for  by  the  hour 49          4 

CANNON— Penalty  for  firing 58          1 

CAR — Speed  regulated  in  city 108          6 

Penalty  for  getting  upon  while  in  motion 63        14 

CARAVAN — (See  SHOWS  AND  EXHIBITIONS.) 
CARRIAGES— Rate  of  license  for 48          2 

Charges  for  by  hour 49          4 

Where  to  wait  for  employment 50          7 

(See  VEHICLES.) 

CARTS— Power  of  Council  to  license,  etc 1  9, 167 

C.  &  A.  R.  R. — Council  authorized  to  issue  bonds 

for 177          1 

CAPTAIN   OF   NIGHT  POLICE— Duties  of  in 

case  of  fire,  etc 22        13 

May  enter  gaming  house  or  house  of  ill-fame, 

etc 68          6 

Duty  to  arrest  inmates  of  unlawful  houses 68 

CATTLE— When  keeping  of  a  nuisance 73 

Not  to  go  at  large 

CELLAR— When  foul,  a  nuisance 74          7 

Door  of  open,  a  nuisance i 77 

Power  of  Council  over 1  17,168 

CELLAR  DOOR— Leaving  open  of,  a  nuisance 77 

CEMETERIES— Land  embraced  in  City  Cemetery    6 

To  be  laid  off  into  lots,  etc 

Lots  to  be  numbered 

Sale  of  lots,  terms,  etc 6 

Commons  to  be  set  apart • 

Penalty  of  digging  in  lot  of  another 7 

Manner  of  conveying  lots 7 

Form  of  deed  to  lots 

Treasurer  to  keep  record  of  lots,  etc 

Treasurer  to  keep  Cemetery  account 

Appointment  and  duties  of  Sexton 

Sexton  to  remove  bodies,  when 

Who  to  pay  expense  of  removal 

—33 


258  INDEX. 

PAOK.  SBC. 

Sexton  to  keep  record  and  report 

Hunting,  trespassing,  etc.,  penalty 10 

Going  upon  grounds  in  night,  etc.,  penalty 11 

Fees  of  Sexton 18  7 

CENSUS— Power  of  Council  to  provide  for.. .^  23, 169 

CENTRE  STREET— Grade  of. 27 

(See  GRADES.) 

CERTIFICATE— City  Weigher  to  give,  when 89 

Of  Weigher,  false,  etc.,  penalty 89 

Of  measurement,  when  given 93 

Fraudulent,  penalty ., 94 

Of  publication  of  ordinance 97 

Of  correctness  of  account  made  by  officer 118  5 

CHAIRS— Penalty  for  placing  in  aisles 60         11 

CHARTER— Of  1867 157 

Of  1867  deemed  a  public  act 176        14 

Of  1867,  when  in  force 176        15 

CHANGE  OF  VENUE— Council  may  prohibit  in 

city  cases 171 

CHECK— To  be  worn  in  collar  of  dog 12  2 

CHESTNUT  STREET— Grade  of. 31 

CHIMNEY— Unsafe,  nuisance 78         26 

When  Council  may  stop  building  of. 79         27 

CHURCH— Placing  chair  in  aisle  of,  penalty 60         11 

CHIEF  ENGINEER  (of  Fire  Department,)— Pow- 
ers and  duties  of,  generally 20  2 

To  keep  fire  apparatus  in  order 20 

To  have  command  at  fires,  etc 21  4 

May  call  on  bystanders  to  aid 21         14 

Who  to  command  in  absence  of. 21  5 

Drivers  subject  to 21  8 

Members  not  to  leave  tire  without  permission 

of 22          9 

CIRCUS — (See  SHOWS  AND  EXHIBITIONS.) 

CISTERNS— Throwing  tilth  in,  a  nuisance :....  75         12 

Public,  Council  may  regulate ^f  31,170 

CITY  ATTORNEY— Qualifications  of. 83  1 

Bond  to  be  given  by 83  1 

Duties  of,  generally 83  1 

List  of  witnesses  to  be  furnished  to 71         10 

(See  OFFICERS.) 

CITY  ASSESSOR— Charter,  duties  of. 163         11 

Appointment  of. 83  1 

Bond  to  be  given  by 83  1 

Duties,  to  assess  according  to  statute 83  2 


INDEX.  159 

-TTT1-  PAGE.  SKC. 

W  hen  town  assessors,  appointed 83          3 

(See  OFFICERS.) 

CITY  COLLECTOR— Duties  prescribed  in  char- 
ter  164         12 

Bond  of. 85  i 

To  proceed  according  to  state  law 86          3 

Return  of  books,  settlement 86          3 

To  report  delinquents  to  Council 86          3 

Town  collectors  appointed 86          4 

CITY  ENGINEER— Appointed  and  bond  of. 86          1 

Stipulating  in  bond  of. 87  2 

Duties  of,  generally 87          3 

To  make  monthly  report  to  Council f  3,  87          3 

To  keep  grades  in  book  of  city ^f  4,  87          3 

When  to  give  grades ^[  5,  87          3 

To  turn  over  books,  etc.,  to  successor ^[6,  88 

To  advice  Council  of  materials  needed 88          4 

To  keep  maps,  etc.,  on  books  of  city 88          4 

Results  of  labor  to  belong  to  the  city 88          4 

Not  to  do  outside  work 88          5 

Outside  earnings  of,  paid  to  Treasurer 88          5 

Ex-Offitio  Commissioner  of  Sidewalks  and  Spe- 
cial Assessments 88          6 

Duties  as  Commissioner,  etc 88          6 

CITY  COUNCIL— Created  by  charter 158 

To  give  notice  of  city  election 160          1 

To  regulate  elections,  appoint  judges,  etc 160 

Mav  fix  time  of  meeting 162 

Quorum 162 

Yeas  and  nays,  when  entered 162 

To  judge  of  qualifications  of  members 162 

Power  of  to  levy  taxes 164 

Charter  powers  of  generally 167-173 

Acts  of  not  invalidated  by  new  charter 175 

Meetings  of. 

Marshal  to  notify  members  of  special  meeting..  1 

Mayor  to  appoint  standing  committees  of 1 

Duties  of  standing  committees  of. 

Rules  of  order  of. H-; 

Hour  of  meeting 1  1»  j 

Order  of  business 1  2>  1 

To  appoint  judges  of  election j 

When  to  fix  pay  of  officers,  etc } 

When  may  revoke  license,  etc ;••••  « 

Permission  of  required  to  erect  soap  factories ..  76 


260  INDEX. 

PAGE.  SEC. 

Permission    of    required    to    erect    slaughter 

houses 76 

May  stop  erection  of  unsafe  building,  etc 79  27 

City  Clerk  to  attend  meetings  of. 85 

Clerk  to  keep  records  and  proceedings  of. 85  2 

May  retire  Health  Officer  from  pay 91  6 

To  fix  amount  of  Treasurer's  bond 96  1 

May  require  new  bond  of  Treasurer 96  1 

To  certify  amount  of  taxes  to  County  Clerk 115  2 

To  designate  purchaser  on  allowing  requisition  118 

May  direct  Water  Board 121  9 

May  rescind  rulings  of  Water  Board 1  25, 126 

CITY  MARSHAL— Powers  and  duties  in  charter.. 163  10 
Council    may    authorize    to    enter    unlawful 

houses 1  37,  170 

To  post  notices  to  owners  of  animals 3  6 

To  keep  book  of  registry  for  dogs 12  1 

To  furnish  checks  to  owners  of  dogs 12  2 

To  post  notices  of  city  elections 13  1 

Fees  for  serving  process 16  2 

To  account  to  city  for  fees  collected 17  2 

Not  to  receive  fees  for  impounding 17  6 

Duties  of,  in  case  of  fire 22  13 

To  be  notified  of  contagious  disease 60  17 

To  remove  patients,  post  placards,  etc 61  17 

To  acquaint  vagrant  with  ordinance 66  3 

May  enter  unlawful  houses,  etc 68  6 

To  be  ordered  by  court  to  abate  nuisance 79  1 

When  may  abate  nuisance  summarily 79  3 

Manner  of  abating  nuisance 80  4 

Duty  of,  to  bring  suit  for  costs  of  abatement...  80  5 

To  assist  Health  Officer 90  5 

General  duties  of. 100  4 

Not  to  leave  town  without  notifying  Mayor 100  4 

To  be  custodian  of  property 100  5 

To  provide  stars  for  special  policemen 100  5 

To  make  monthly  report 100  6 

Regulation  for  coat  of If  2,  105  12 

CITY  CLERK— To  keep  corporate  seal 163 

Charter,  duties  of,  generally 163  8 

To  make  deeds  to  cemetery  lots 7  4 

When  to  enter  ayes  and  noes  on  record 11  6 

To  preserve  reports  of  committees 11  6 

To  prepare  notices  of  election 13  1 

Returns  of  election  transmitted  to...                  .14  3 


INDEX.  261 

.  PAGE.  8«C. 

Duties  of,  in  case  of  tie  vote  ..........................  14          4 

To  provide  poll  books  .................................  15          7 

To  furnish  books  to  butchers  ........................  37          2 

To  furnish  numbers  to  owners  of  vehicles  .......  49          3 

To  issue  permits  to  make  excavations  .............  64        20 

Bond  to  be  given  by  ....................................  84          1 

General  duties  of.  .......................................  85          2 

Office  hours  of.  ....................................  17,    85          2 

To  procure  standards  of  weights  and  measures  91  2 

To  preserve  report  of  Inspector,  &c  ...............  92          6 

To  cause  ordinances  to  be  published,  etc  .........  97  1 

To  be  clerk  of  Water  Board  .........................  119 

Duties  as  clerk  of  Water  Board  ....................  121          6 

To  make  duplicate  water  assessments  ......  1  1,  131 

To  report  delinquents  to  Water  Board  ......  1  4,  132 

To  issue  license  ..........................................  33 

To  take  and  approve  license  bond  ..................  34          1 

CITY  TREASURER—  Charter  duties  of.  .............  163 

Bond  of,  Council  to  fix  ................................  96 

Bond  of  to  be  double  amount  of  funds  ...........  96 

General  duties  of.  .......................................  96 

What  accounts  to  be  kept  by  ........................  96 

To  examine  Collector's  book,  settlement  .........  116 

All  moneys  to  be  paid  to  ..............................  116 

To  notify  persons  owing  water  rents  ........  1  2,  131 

Application  made  to  for  license  .....................  33 

CITY   OF    BLOOMINGTON—  To  be  plaintift  in 
prosecutions  ..............................................  ^ 

Costs  not  to  be  taxed  against  ........................  j 

Security  for  costs  not  required  of.  ..................  69 

Incorporated  .............................................  |j>£ 

Corporate  limits  of.  .....................................  |^ 

General  powers  of.  ......................................  15' 

Division  of  into  wards  .................................  J-™ 

Constitution  of  city  government  ....................  lob 

Property  of,  vested  in  corporation  ..................  17o 

Not  to  pay  costs  ..........................................  ]l.( 

Appeal  bond  not  required  of  ..................  •••••• 

Incorporation  of,  legalized  .....................  ^ 

CITY  OFFICERS—  (See  OFFICERS.) 

CITY   GOVERNMENT—  Officers  of  from  1850 

1876  ...........................................  l 


How  composed  ..........................  'J'i""i""f" 

bond 


i 
CITY  MEASURER—  Appointment  and  bond 


What  to  be  measured  by 


•• 


262  INDEX. 

PAGE.  SBC. 

To  give  certificates  of  measurement 93 

What  standards  used  by 93  2 

IVnalty  for  exhibiting  false  certificate  of. 94  3 

Penalty  against  for  neglect  of  duty 94  4 

CITY  LIMITS— Act  to  extend 140  1-2 

Act  to  further  extend 142  1-2 

CITY  WELLS— Penalty  for  taking  water  from 63  12 

CITY  WEIGHER— Appointment  and  bond  of. 89  1 

May  appoint  deputies 89  1 

To  have  charge  of  public  scales 89  2 

To  weigh  and  give  certificates 89  2 

To  keep  book  and  record  weights 89  3 

Refusing  to  weigh,  false  certificate 89  4 

Fees  of. 19  11 

CLAIMS — Allowed  by  city, clerk  to  keep  account  of  85  2 

Committee  on,  appointed 10  4 

(See  SUPPLIES  AND  CLAIMS.) 
CLERK — (See  CITY  CLERK  and  CLERKS  OF  ELECTION.) 

Of  Water  Board,  City  Clerk  to  be 119  2 

CLERKS  OF  ELECTION— How  selected,  oath,  etc.  13  2 

To  transmit  sealed  returns  to  Clerk 14  3 

To  make  proclamation 15  5 

To  count  ballots 15  8 

To  mark  down  votes 16  8 

Pay  of. 17  5 

CLOTHING — Suspended  over  sidewalk,  nuisance..  78  22 

COAL  MINE — Refuse  material  from,  nuisance 76  15 

COAL  OIL— To  be  inspected,  etc.. 94  2 

(See  OIL  INSPECTOR.) 

COAL  VAULT— When  a  nuisance 78  25 

COLLAR— To  be  worn  by  dog 12  3 

COLLECTOR— (See  CITY  COLLECTOR  and  COUNTY 

C*OT  T  "|?f  rp/r^"D    \ 

COMMISSION— O'f  city  officer,  Clerk  to  issue 82  5 

Form  of  officer's  commission 82  5 

COMMISSIONER  OF  SPECIAL  ASSESSMENTS 

Engineer  to  be,  duties,  etc 88  6 

COMMISSIONER   OF    SIDEWALKS— Engineer 

to  be,  duties,  etc 88  6 

To  give  grades  to  those  building  sidewalks 25  4 

To  report  to  Council  concerning  sidewalks 25  4 

When  to  tear  up  sidewalks,  etc. 25  5 

COMMITTEES— Of  City  Council 10  4 

COMMONS — To  be  set  apart  in  cemetery 7  3 


INDEX.  263 

Removal  of  bodies  to L  3       >K's 

(See  CEMETERIES.) 

COMPLAINT — Against  owner  of  impounded  ani- 
mal      2          5 

Against  unknown  owner  of  animal 3          6 

To  be  made  by  Health  Officer  against  nuisances  90          4 

CONSERVATORS   OF   THE   PEACE— All  city 

officers  to  be,  powers,  etc 176        12 

CONDEMNATION— Of    weights    and  measures, 

when  made 92          5 

Of  meat,  etc 39          6 

CONSTRUCTION— Of  act  of  1867  of  Charter 176        13 

Of  certain  words 98          5 

Of  Ordinance  on  Railroads  as  to  repeal 109          9 

Of  ordinances  generally.     (See  ORDINANCES.) 

CONCERT— (See  SHOWS  and  EXHIBITIONS.) 

CONCEALED  WEAPONS— Penalty  for  carrying..  54          9 
To  be  forfeited  to  city 55        10 

CONTAGIOUS  DISEASE— Power  of  Council  con- 
cerning  T  3,  167 

Penalty  for  bringing  into  city 60         14 

Attendant  physician  to  change  clothing,  etc 60        16 

Health  Officer  to  be  notified  of. 60        17 

CONTINUANCE— When  to  be  granted,  length  of 

time,  etc 70          5 

Defendant  to  give  bail  in  case  of. 70 

CONTRACTS— To  be  drawn  by  Attorney 84 

For  supplies  for  city 117 

(See  SUPPLIES  and  CLAIMS.) 

CORPORATE  SEAL— Of  city  kept  by  Clerk 163 

COSTS— City  exempt  from 175 

Council  may  require  to  be  worked  out....f  41,  171 

Of  impounding  paid  to  pound-keeper 

Animals  may  be  redeemed  by  paying 

Security  for  not  required  from  city ( 

Not  to  be  taxed  against  city ( 

Of  abating  nuisance,  who  to  pay £ 

COUNCIL— (See  CITY  COUNCIL.) 

COUNTY  CLERK— Estimates  for  taxes  certified  to  1 
Manner  of  extending  taxes  by 

COUNTY  COLLECTOR— Delinquent  taxes  return- 
ed to 1 

To  make  statements  to  Council 

COURT— Word  defined 


264  INDEX. 

PAGE.  SEC . 

CROSSINGS— Penalty  for  suffering  animal  or  ve- 

h'cle  to  stand  upon 62  3 

Penalty  for  otherwise  obstructing 63  16 

Obstruction  of  deemed  nuisance 78  24 

To  be  maintained  by  railroad  companies 107  1 

Penalty  for  failing  to  construct  after  notice 107  - 

When  Council  may  order  to  be  built 108  3 

Cost  of  recovered  from  railroad  company 108  3 

Obstruction  of  by  railroad  company 108  5 

CRUELTY  TO  ANIMALS— Penalty  for 58  13 

CURBING— How  constructed 77  18 

When  a  nuisance 77  18 

CULVERTS— To  be  maintained  by  railroad  com- 
panies  107  1 

CUSHING'S  MANUAL— To  govern  proceedings 

of  Council 11  C 

ID. 

DAIRY— When  a  nuisance 74  6 

DAMAGES— For  default  of  City  Engineer 87  2 

"DEAD  BEAT"— Deemed  to  be  vagrant 65  1 

DEED — Form  of  for  cemetery  lots 7  5 

DELINQUENT  TA^ES— Collector  to  report  to 

Council 86  3. 

DEPUTIES— Pound-keeper  may  appoint 5  10 

City  Weighermay  appoint 89  1 

DIRT— Power  of  Council  to  require  removal  off  33, 170 

Penalty  for  letting  remain  on  sidewalk 62  6 

DIGGING— In  street  prohibited 64  18 

DISORDERLY  CONDUCT— Penalty  for 53  1 

DISORDERLY  HOUSE— Power  of  Council  to  sup-       . 
press ^  12,  168 

Penalty  for  keeping 56  7 

DISTILLERY— Power  of  Council  over f  16,  168 

When  a  nuisance 76  16 

DISTURBING  PEACE— Penalty  for 54  3 

DITCH — Failure  to  refill  or  to  keep  guarded,  nui- 
sance                77  20 

DIVISION  STREET— Grade  of. 32  6 

(See  GRADES.) 
DOGS — Power  of  Council  over f  28,  170 

To  be  registered,  tax,  etc 12  1 

To  wear  check  upon  collar 12  2 

To  wear  collar  with  owner's  name...  .  12 


INDEX.  265 

Not  to  go  at  large  without  collar .PA12       "3" 

Proclamation  of  Mayor  respecting '.'".  14          4 

Violations,  penalty 

DOUGLAS  STREET— Grade  of....'.'.'.'.'.'.'.'.'.'.'.'.'.".''.''.'  .'  31  Q 
(See  GRADES.) 

DRAM  SHOPS— Power  of  Council  over 1  12,166 

Definition  of. 52  4 

Penalty  for  keeping  without  license 52  4 

Penalty  for  improperly  keeping  open 52  6 

When  frequenters  of  deemed  vagrants 65  1 

DRAIN — Private,  power  of  city  over 172  3 

Obstruction  of  nuisance....'. 75  8 

Penalty  for  injuring 61  1 

When  a  nuisance 74  7 

DRAYS — Council  may  license ^[9, 167 

Rate  of  license  for 49  2 

Charges  for  carrying  property  on 50  4 

Standing  place  for 50  7 

Penalty  for  letting  stand  on  street 63  13 

(See  VEHICLES.) 

DRIVERS— Of  fire  engine,  duties 21 

Of  hose  cart,  duties 21  8 

DRUNKENESS— Penalty  for 58  14 

Of  policeman  deemed  cause  for  dismissal 101  10 

EL 

EAST  STREET— Grade  of. 27          6 

ELECTION— Of  Mayor  and  Alderman 158       2-3 

For  city  officers,  when  held 159 

Failure  to  elect,  vacancies 159          9 

Council  to  give  notice  of 160 

Council  to  regulate  generally 160 

Qualifications  of  voters 161 

Place  of  designated,  notice,  etc 13 

Council  to  appoint  Judges  of,  oath,  etc 1 

Clerks  of,  how  selected 13 

Manner  of  voting,  returns,  etc ] 

Tie  vote,  how  decided 1 

Opening  and  closing  poles,  proclamation 15 

Ballot  boxes 15 

Poll  books,  form,  how  kept 1 

Counting  of  ballots 15 

Form  of  election  returns 1 

EMPIRE  STREET— Grade  of. 32 

(See  GRADES.) 
—34 


266  INDEX. 

PAGE.  sac. 

ENGINE  HOUSE—  Penalty  for  defacing  ..............  61  2 

ENGINEER—  Of  fire  steamer  ............................  21  6-7 

(See  CITY  ENGINEER.) 

KSTIMATES—  Of  taxes  presented  to  Council  .......  115  1 

Certified  by  Council  to  Clerk  .......................  115  2 

EXCAVATIONS—  Penalty    for    making    without 

permission  ................................................  64  20 

Permits  for,  stipulation,  etc  ..........................  64  20 

Failure  to  refill  or  guard  nuisance  ..................  77  20 

When  a  nuisance  .......................................  78  24-25 

For  laying  service  pipe  .........................  ^  13,  128 

Manner  of  refilling  .............................  if  14,  129 

EXECUTION—  Issued  for  fine,  form,  etc  ..............  71  13 

EXHIBITIONS—  (See  SHOWS  and  EXHIBITIONS.) 

EXPRESS  WAGON—  Rate  of  License  for  ...........  49  2 

Charge  for  carrying  property  on  ...................  50  4 


FALSE  ALARM—  Penalty  for  making  ................  55  11 

FALSE  WEIGHTS—  Penalty  for  using  ...............  93  8 

FARO  BAN  K—  Penalty  for  keeping  ...................  57  10 

FEES  —  (See  FEES  AND  SALARIES.) 

FEES  AND  SALARIES—  Impounding  fees,  judg- 

ment for  .............................................     3  5 

Pay  of  Mayor  and  Aldermen  ........................  16  1 

Fees  of  Marshal  and  Policemen  for  serving  pro- 

cess ...................................................  16  2 

Fees  of  Jurors  ...........................................   17  3 

Fees  of  Witnesses  .......................................  17  4 

Fees  of  Judges  and  Clerks  of  election  ............  17  5 

Impounding  fees  fixed  .................................  17  6 

Fees  for  keeping  and  feeding  animals  ............   17  6 

Fees  of  City  Sexton  ....................................  18  7 

Fees  of  Oil  Inspectors.  ................................  18  8 

Fees  of  Inspector  of  Weights  and  Measures...  18  9 

Fees  of  City  Measurer  .................................  18  10 

Fees  of  City  Weigher  ...............................  19  11 

Compensation  of  other  officers  .....................  19  12 

Manner  of  paying  salaries  ...........................   19  13 

Pay  of  Water  Board  ...............  .  ....................  120  3 

Pay  of  Assistants  of  Supt.  of  Water  Works.  ..120  4 
Power  of  Council  tofix  fees  ..................  ^  24,  169 

FENCE—  Penalty  for  defacing  ............................  61  2 

Posting  bills  on,  nuisance  .............................   74  5 

FERRULES—  Water  Board   to  establish  price  of 


INDEX.  267 

PAGE.  SEC. 

To  be  two  feet  or  more  apart J  21,130 

Size  of. $  22,130 

FIGHTING— Penalty  for 54          4 

FIFTH  WARD— Boundaries  of. 118          1 

FILTH — Depositing  in  well  or  cistern  a  nuisance...  7o         \- 
Penalty  for  placing  on  commons 75         11 

FINANCE  COMMITTEE— Appointment  of. 10          4 

Assessor  to  settle  with 86          3 

To  present  estimates  for  taxes  to  Council 115          1 

To  examine  collector's  books,  etc 116          •"> 

To  make  settlement  with  collectors 116          5 

Order  for  foreign  claims  issued  to 118          5 

FINES  AND  PENALTIES— Council  may  provide 

for  recovery  of *§  41,  171 

Council  may  imprison  on  refusal  to  pay.-Tf  41,  171 

Power  to  require,  worked  out Tf  41,  171 

How  sued  for 69 

Not  satisfied  by  imprisonment 72        15 

Proceedings  to  recover  generally 68-72 

FIRES — Council  may  provide  for  extinguishment 

of. 1  14,  168 

Council  may  regulate  conduct  of  person  att  15,  168 

FIRE  COMPANIES— Power  of  Council  to  organ- 
ize  1  14,  168 

FIRE  DEPARTMENT— How  composed.: 5 

Powers  and  duties  of  Chief  Engineer 20 

Apparatus  to  be  kept  in  order 20 

Who  to  command  at  fires,  etc 2 

Engineer  absent,  who  to  command 21 

Engineers  of  steamers,  duties,  etc 21 

Amount  of  steam  carried,  signals,  etc ^ 

Drivers  of  engines  and  hose  carts,  duties,  etc...  21 

Duties  of  members  in  case  of  fire 22 

Conduct  and  deportment  of  members . 

Use  of  liquors  prohibited '  11 

Intoxication  of  members ** 

Police  to  assist,  alarms,  etc • 

Violations,  penalty ; JJ 

Fire  limits,  what  embraced  in •  J 

Erecting  wooden  building  in  tire  limits ^ 

Wooden  building,  when  a  nuisance i 

Committee  on  fire  department...... 10 

Penalty  for  driving  vehicle  over  hose «J 

FIRE  ENGINES— Power  of  Council  to  purchast>...l< 
FIRECRACKERS— Penalty  for  exploding  m  city.,  c 


268  INDEX. 

PAOK.  SEC. 

FIRE  LIMITS— What  embraced  in 23          1 

Erecting  wooden  buildings  in,  penalty 23  2 

Wooden  building  in,  a  nuisance 24  3 

(See  FIRE  DEPARTMENT.) 

FIRE  PLUG— Penalty  for  taking  water  from,  etc.. 122  10-11 
(See  WATER  SUPPLY.) 

FIRE  WOOD— Inspection  of,  authorized 1  22,169 

FIREARM— Penalty  for  discharging  in  city 58  1 

FIRST  WARD— Boundaries  of,  fixed ." 118         15 

FLAGMEN — When  kept  by  railroad  company 108  4 

FOUNTAINS — Not   used  over  six  hours  per  day 

• f  11,124 

Penalty  for  using  in  time  of  fire 1  11,124 

FOURTH  WARD— Boundaries  of,  fixed 118  1 

FOWLS — When  keeping  of,  a  nuisance 73  1 

FRONT  STREET— Grade  of. 29 

(See  GRADES.) 
FUNERAL— Penalty  for  disturbing 54          7 

GK 

GALVANIC  BATTERY— When  to  be  licensed...  51  3 
(See  LICENSES.) 

GAMING— Power  of  Council  to  prohibit 1  12,168 

GAMING  HOUSE— Power  of  Council  to  prohibit, 

• 112,168 

Power  of  Council  to  "suppress" i  37,170 

Penalty  for  keeping  or  permitting 57  10 

Penalty  against  inmates  and  frequenters  of 57  11 

GAS — Committee  on  appointed 10  4 

GATE — When  a  nuisance 76  14 

GEESE— Not  to  go  at  large 1  i 

Fees  for  impounding,  feeding,  etc 17  6 

GENERAL    IMPROVEMENTS— Committee    on 

appointed 11  4 

GIFT — Policeman  not  to  accept 102  11 

GOAT— Not  to  go  at  large '.     1  i 

GOODS — Suspended  over  sidewalk,  nuisance...      .  78 

GRADE  BOOK— To  be  kept  by  Engineer 87  3 

GRADES — Engineer  to  keep  in  book,  etc 87  3 

Engineer  to  give,  when 87  3 

How  computed,  base  plane 24  1 

To  be  at  intersections  of  centre  lines  of  streets  24  2 

Grades  of  building  lines,  sidewalks,  etc 25  3 

Commissioner  to  give,  when 25  4 

Sidewalk  off  grade,  penalty 25  4 


INDEX.  269 

PAGE.  SEC. 

Sidewalk  on  grade,  nuisance 25          5 

Grades  established 25-32          6 

Grade  of  Mason  Street 25-26 

Grade  of  Oak  street 26 

Grade  of  Lee  street. 26 

Grade  of  Madison  street 26-27 

Grade  of  Centre  street 27 

Grade  of  Main  street 27 

Grade  of  East  street 27-28 

Grade  of  Prairie  street 28 

Grade  of  Gridley  street 28 

Grade  of  McLean  street 28 

Grade  of  Boon  street 28 

Grade  of  Wright  street !28-29 

Grade  of  South  Grove  street 29 

Grade  of  Olive  street 29 

Grade  of  Grove  street 29 

Grade  of  Front  street 29 

Grade  of  Washington  street 29-30 

Grade  of  Jefferson  street 30 

Grade  of  North  street 30 

Grade  of  Market  street 30-3 

Grade  of  Woodward  street •- 

Grade  of  Douglas  street <. 

Grade  of  Mulberry  street £ 

Grade  of  Locust  street J 

Grade  of  Chestnut  street... 

Grade  of  Walnut  street ..31-32 

Grade  of  Empire  street 32 

Grade  of  Division  street 

Construction  of  chapter  on  grades c 

GEATING— When  left  open,  a  nuisance 77 

GRIDLEY  STREET— Grade  of 

(See  GRADES.) 

GROCERS— Power  of  Council  to  license 1 

GROCERY — Power  of  Council  over f  16,  16* 

GROVE  STREET— Grade  of. ' 

(See  GRADES.) 

GUN— Penalty  for  firing  in  city....... 

GUN-COTTON— Penalty  for  weighing  by  gasl 

When  a  nuisance .••;•.""",' 

GUNPOWDER— Penalty  for  weighing  by  gasli 

When  storage  of  a  nuisance .••••• 

Power  of  Council  to  regulate  storage  of..l  17,  1 
GUTTER— Penalty  for  placing  rubbish  in t 


270  INDEX. 

PAGE.  SBC. 

Obstruction  of  a  nuisance.  75  8 

HACKNEY  COACH— Power  of  Council  to  license 

19,167 

Rate  of  license  for 48  2 

Rate  of  charges  for,  by  the  hour 49  4 

Standing  place  for 50  7 

(See  VEHICLES.) 

HAND-BILL — Placing  of  on  property,  a  nuisance.  74  5 

HAWKERS— (See  PEDDLERS.) 

HAY — Inspection  authorized 1  2,  169 

Market  place  of,  fixed 64         19 

HEALTH  OFFICER— Appointment  and  bond  of..  90          1 

General  duties  of. 90 

Penalty  for  disobeying  order  of. 90  3 

To  complain  against  authors  of  nuisances 90  4 

Marshal  and  policeman  to  assist 90  5 

Council  may  retire  from  pay 91  6 

Duties  to  devolve  upon  Street  Commissioner...  95  2 

To  be  member  of  police  department 99  1 

Duties  in  case  of  contagious  disease 60        17 

HERDING — Of  animals,  deemed  a  running  at  large     6         15 

HIDES— When  a  nuisance 75  9 

HOGS — Keeping  of  in  city,  when  nuisance 73  1 

(See  SWINE.) 

HORSES— Not  to  go  at  large 1  1 

Penalty  for  driving  immoderately 58  2 

Penalty  for  scaring 59  5 

Penalty  for  leaving  unfastened 59  6 

Unmanageable,  not  to  be  taken  on  street 59  7 

Feeding  on  street,  etc 62          7 

Hitching  to  trees,  lamp  posts,  etc 62          8 

HORSE  RACING— Power  of  Council  to  prohibit 

1  25, 169 

HORSE  RAILWAYS— Power  of  Council  to  reg- 
ulate  .^..173          4 

HOSE— Private,  not  used  in  time  of  fire f  11, 124 

Size  of  for  sprinkling  streets 1  13, 124 

Penalty  for  driving  vehicle  over 63         17 

HOSPITALS— Council  authorized  to  establish 

1  34,  170 

HOTEL  KEEPERS— May  take  out  porter's  license, 

etc 45  3 

(See  PORTERS  and  RUNNERS.) 

HOUSES — Posting  bills  on,  a  nuisance 71  5 

Council  may  cause  to  be  numbered Tf  23,  169 


INDEX.  271 

HOUSE  OF  ILL-FAME-Penalty  for  keeping  0™*' 

permitting 56          g 

Penalty  against  inmates  of 56  9 

Frequenters  of,  deemed  vagrants 65  1 

Licensing  of,  prohibited 206 

HOUSE  OF  PROSTITUTION— Power  of  Council 

to  suppress |  37,  170 

(See  HOUSE  OE,!LL-FAME.) 

HYDRANTo — Council  may  regulate f  31,  170 

Penalty  for  taking  water  from,  etc 122  10-11 

Where  may  not  be  placed ^  20,  130 

(See  WATER  SUPPLY.) 

HYDROPHOBIA— Prevention  of,  Mayor's  procla- 
mation   12          4 

I. 

I.,  B.  &  W.  R.  R— Right  of  way  granted  to.. .110-112       1-5 

ICE — Power  of  Council  to  compel  removal  of..1  33,  170 

Penalty  for  letting  remain  on  sidewalk 62          t! 

IMMODERATE  DRIVING— penalty  for 58          2 

Power  of  Council  to  prohibit 1  25,  169 

IMPOUNDING— Of  animals 1-6 

(See  ANIMALS,  POUNDS  AND  POUND-KEEPERS.) 
Power  of  Council 1  27,  170 

IMPRISONMENT— Power  of  Council  to  prescribe 

141,171 

Of  persons  failing  to  pay  fines 71  12-15 

INFECTIOUS   DISEASE— Penalty   for   bringing 

into  city 60        14 

INSPECTION— Of  weights  and  measures 91 

(See  WEIGHTS  AND  MEASURES.) 

Of  oil,  etc 94       1-2 

Of  lumber  and  other  articles,  power  of  Coun- 
cil respecting 1  22,  169 

Of  oil,  State  law  concerning 207-209 

INSPECTOR    (of    Weights   and   Measures)— Ap- 
pointment and  bond  of £ 

What  standards  used  by - 

General  duties  of 91 

Duties  of  on  complaints,  etc '. i 

When  to  condemn  instruments 92 

To  make  yearly  report - 

Penalty  for  using  uninspected  scales,  etc i 

Penalty  for  hindering  or  delaying  Inspector £ 

Inspector  to  seal  standards  for  Measurer i 


272  INDEX. 


PAGE.  SEC . 

.  18          9 


Fees  of  Inspector 

INSURANCE  AGENTS-  Power  of  Council  to  tax 

and  license 178  1 

INSURANCE    COMPANIES— Power  of  Council  ^ 

to  tax  and  license 178 

Tax  on,  fixed  by  charter 165 

Required  to  take  license,  etc 50  1 

INTOXICATING    LIQUORS— Policemen  not  to 

drink  while  on  duty 102 

Penalty  for  supplying  prisoner  with 66 

(See  LIQUORS.) 

INTOXICATION— Penalty  for 58 

Of  member  of  fire  department 22         12 

vJ. 

JACK— Penalty  for  exhibiting 55  1 

Power  of  Council  to  prohibit  exhibition  of  !  32, 1 76 

JEFFERSON  STREET— Grade  of 30 

(See  GRADES.) 

JUDGES    OF    ELECTION— Power  of  Council  to 

appoint 360 

Appointment  of. 13  2 

Oath  of. 13 

To  make  sealed  returns 14 

To  make  proclamation,  etc 15  5 

To  examine  and  lock  ballot  boxes 15          6 

Counting  of  ballots  by 15          8 

Pay  of 17          5 

JUDICIARY  COMMITTEE— Appointment  of.....  10          4 

JUDGMENT — Entry  of  in  case  of  concealed  wea- 
pons   55        10 

By  default,  when  taken 71         11 

Immediate  payment  of  required 71         12 

Appeal  from  allowed 72         16 

Against  keeper  of  nuisance,  what 79  1 

JUNK  DEALER — (See  JUNK  SHOPS  AND  LICENSES.) 

JUNK  SHOPS— Definition,  license,  etc 41  1 

Rate,  time,  etc 41  2 

Applicant  required  to  give  bond 41  2 

Keeper  to  record  description  of  articles 42  3 

All  property  to  be  kept  three  days 42  4 

Penalty  for  receiving  property  wrongfully 42  5 

JURORS— Power  of  Council  to  fix  fees  of.....*!  24,  169 

Feesof,tixed 17          3 

Number  and  qualifications  of 70  9 


INDEX.  273 

Fees  of,  to  be  advanced  PA™       "% 

JURY  TRIAL-When  allowed,' etc,'.'  "  70 

JUSTICE  OF  THE  PEACE-Council  may  require 

to  give  bond 175          9 

IK!. 

KENO  TABLE— Penalty  for  keeping 57        10 

KEROSENE— Penalty  for  drawing  by  gaslight 59          9 

KITE  FLYING — Prohibited  in  business  part  of  city  59          4 

L. 

LAMPS — Public,  penalty  for  interfering  with 63        11 

LARD — Place  of  rendering,  a  nuisance 76        17 

LAWN — Penalty  for  driving  upon 61          3 

L.,  B.  &  M.  R.  R.— Right  of  way  granted  to.112^114      1-8 

LEE  STREET— Grade  of. .. 26 

(See  GRADES.) 

LEVY — Collector  of  taxes  to  make 86          3 

LICENSES — Manner  of  applying  for  and  issuing...  33          1 

Form  and  contents  of  license,  etc 34          2 

To  be  exhibited  on  demand 34          2 

Construction,  time,  etc 34          3 

Revocation,  forfeiture,  etc 34          4 

OF  AUCTIONEERS — When  required 34          1 

Bond  to  be  required 35          2 

Rate  and  time  of. 35          3 

Application  for 35          3 

Construction  of. 35          4 

One  per  cent,  of  sales  paid  to  city 36          5 

Book  to  be  kept 36 

Statement  of  sales 36 

Selling  without  license,  penalty 36          7 

Various  frauds  prohibited 36 

For  billiard  tables  and  ten  pin  allies 36 

Butcher's  license,  rate,  etc 37 

FOR   HAWKERS     AND  PEDDLERS — Peddling  without 

license,  penalty 40 

Council  may  exempt  residents 40 

Canvassing,  commercial  travelers,  etc 40 

Rate  of  license  for  peddling 40 

Application -J 

Junk  shops  to  be  licensed ^ 

Rates  for  junk  shops 4 

License  of  milk  men 42 

—35 


274  INDEX. 

PAGE.  SKC. 

Pawnbrokers  to  be  licensed 43 

Rate   of  pawnbroker's  license,  bond,  etc 43 

License  of  porters  and  runners 44  1 

Rate  for  porters  and  runners 45 

When  issued  to  hotel  keeper  for  porter 45 

Scavenger's  license 46  1-2 

License  for  shooting  galleries 47  1-3 

License  for  shows  and  exhibitions 47  1 

Rate  for  shows  and  exhibitions 47 

License  for  vehicles 48-50  1-7 

License  to  insurance  companies 50  1 

License  to  bill  posters 50  2 

License  for  various  other  purposes 51  3 

License  for  selling  liquor 51  1 

Application  for  liquor  license 51  2 

Applicant  for  liquor  license  to  give  bond 51 

Appointment  of  committee  on  licenses 10  4 

Plumbers  required  to  take  license T[2,  126 

City  Clerk  to  issue  licenses  and  keep  record....  85  2 

LIGHTS — When  kept  at  crossing  of  railroads 108  4 

LIFTING  APPARATUS— License  required  for...  51  3 

LIQUORS— Power  of  Council  over f  13,  168 

Inspection  of  authorized ^  22,  169 

Penalty  for  keeping  at  engine  house  or  fire 22  11 

Penalty  for  selling  without  license 51  1 

Application  for  license — bond,  etc 51  2 

Terms  and  conditions  of  bond 51  3 

Dramshop   defined — license,  etc 52  4 

Penalty  tor  selling  to  minor,  drunkard,  etc 52  5 

Selling  on  Sunday,  etc 52  6 

Giving  away  of,  and  other  devices 52  7 

Definition  of  "  Intoxicating  Liquors,"..  52  7 

LOCOMOTIVE— Speed  of  regulated  in  city 108  6 

Penalty  for  needlessly  sounding  whistle  of 109  7 

LOCUST  STREET— Grade  of 31 

(See  GRADES.) 

LOTTERIES— Penalty  for  maintaining  or  permit- 
ting  7. 57  12 

Sale  of  lottery  tickets  prohibited 57  12 

LUMBER— When  to  be  measured 93  2 

Council  may  provide  for  inspection  of. f  22,  169 

LUNG  TESTERS— License  required  for 51  3 


INDEX.  275 


MADISON  STREET—  Grade  of  .......  ..*A26       *K' 

(See  GRADES.) 

MAIN  STREET—  Grade  of.  ..................  27 

(See  GRADES.) 

MANURE—  When  a  nuisance  ......................  73 

MARKETS—  Power  of  Council  to  regulate  ...18,  167 

For  hay,  straw,  wood,  etc  .......  ,  64        19 

MARKET  STREET—  Grade  of,  ...........  '.'.'.'.'.'.'.'.'.'.".'.".'.  30 

(See  GRADES.) 

MARSHAL—  (See  CITY  MARSHAL.) 

MASON  STREET—  Grade  of.  ...........................  25          6 

(See  GRADES.) 

MATERIALS—  For  use  of  city,  how  purchased  ......  117          1 

(See  SUPPLIES  AND  CLAIMS.) 

MAYOR  —  How  elected,  etc  ...............................  158          2 

To  determine  tie  vote  .................................  158          4 

Qualifications  of.  ........................................  159          5 

Removal  of,  from  city  ....................  ............  159          5 

Charter  duties  of.  ......................................  161          1 

Powers  of.  ................................................  162      5-6 

To  approve  or  veto  ordinances  ........................  162         7 

Not  to  hold  certain  offices  .............................  175        10 

Not  to  be  interested  in  contract  with  city  .......  175        10 

Limit  of  salary  ..........................................  179          4 

To  sign  deeds  of  cemetery  lots  ......................     7          4 

May  call  special  meetings  of  Council  .............  10          1 

Acting  Mayor,  to  act  in  absence  of.  ................  10 

Bond  required  of.  .......................................  10 

To  appoint  standing  committees  ....................  10          4 

To  enforce  order  in  Council  ......................  1  8,  12 

To  issue  proclamation  respecting  dogs  ............  12 

Tie  vote  certified  to  ....................................  14 

How  to  decide  tie  vote  .................................  14 

Salary  of,  fixed  ..............................  ............  16 

To  designate  place  for  removal  of  patients  ......  60 

To  be  head  of  police  department  ...................  99 

May  appoint  special  policemen  ......................  1C 

To  assign  rank  of  policemen  ........................  101 

To  appoint  Water  Board  ..............................  119 

To  fill  vacancies  in  Water  Board  ...................  120 

Appointing  power  of.  ................................  2( 

Power  to  approve  and  veto  ordinances  ............  2fc 


276  INDEX. 

PAGE.  SEC. 

McLEAN  STREET— Grade  of. 28 

(See  GRADES.) 

MEASURES — (See  WEIGHTS  AND  MEASURES.) 

MEASURER— (See  CITY  MEASURER.) 

MEAT — When  Council  may  authorize  seizure  of... 

140,171 

MEAT  INSPECTORS— All  policemen  to  be— du- 
ties, etc 39          6 

(See  BUTCHERS.) 

MEETINGS— Of  Council,  regular  and  special 9          1 

Of  Council,  hour  of. 11          6 

Of  Water  Board 120          3 

MECHANICAL  WORK— Council  may  provide  for 

measurement  of. 1  2,  169 

Measurement  of  required 93  2 

MENAGERIE — (See  SHOWS  AND  EXHIBITIONS.) 

MENDICANTS— Power  of  Council  to  restrain  and 
punish 135,170 

MERCHANTS— Power  of  Council  to  license..!  9,  167 

MERCHANDISE— Rate  of  charges  for  transport- 
ing   49          4 

(See  VEHICLES.) 

MILK— Adulteration  of  prohibited 43          3 

MILKMEN — Required  to  take  out  license 42          1 

To  place  names  on  vehicles 43          2 

Penalty  for  selling  adulterated  milk 43  3 

MINOR — Penalty  for  selling  liquor  to 52          5 

Junk  dealer  not  to  receive  property  of. 42          5 

Pawnbroker  not  to  receive  property  of. 44  4 

MINSTREL  PERFORMANCE— (See  SHOWS  AND 
EXHIBITIONS.) 

MISDEMEANORS— Chapter  11,  page  53. 
DIVISION  1. — OFFENSES  AGAINST  THE  PUBLIC  PEACE 
AND  QUIET. — Assault,  assault  and  battery 

and  affrays 53  1 

Disorderly  conduct,  breach  of  the  peace 53  2 

Disturbing  peace  of  city,  etc 54          3 

Traducing,  challenging,  fighting,  etc 54  4 

Collecting  in  crowds,  etc 54  5 

Disturbing  congregation  or  assembly 54  6 

Disturbing  funeral 54          7 

Sunday  labor  or  amusement 54          8 

Carrying  concealed  weapons 54     9-10 

False  alarm,  etc .55         n 


INDEX.  277 

DIVISION   2.— OFFENSES  AGAINST  PUBLIC  MORALS^ 
AND  DECENCY. — Exhibiting  jack  or  stud  in 

street 55          1 

Indecent  exposure  of  person 55 

Sale  of  obscene  books,  etc 56 

Having  obscene  books  in  possession 56          4 

Exhibiting  obscene  play 56          5 

Obscene  writing  or  figure 56          6 

Keeping  disorderly  house 56          7 

Keeping  house  of  ill-fame 56          8 

Inmate  of  house  of  ill-fame,  etc 56          9 

Keeping  gaming  house 57        10 

Inmate  of  gaming  house 57        H 

Betting " 57        11 

Selling  Pools 57        11 

Lotteries,  lottery  tickets,  etc 57        12 

Cruelty  to  animals 58        13 

Drunkenness 58        14 

DIVISION  3. — OFFENCES  AGAINST  PUBLIC  SAFETY, 
CONVENIENCE  AND  HEALTH — Firing  cannon, 

guns,  fire-crackers,  etc 58          1 

Immoderate  driving 58          2 

Failure  to  mark  poison 58          3 

Dangerous  sports,  kite  flying,  etc 59          4 

Frightening  horses 59 

Leaving  animal  unfastened 59 

Taking" runaway  horses  upon  street 59          7 

Failure  of  driver  of  vehicle  to  pass  to  the  right  59 
Weighing  of  gunpowder  or  gun-cotton  by  gas- 
light   59 

Drawing  kerosene,  etc.,  by  gaslight 59 

Permitting  vicious  animals  to  go  at  large 59 

Placing  or  occupying  chairs  in  aisles 60 

Turning  stream  of  water  upon  person  or  prop- 
erty   60 

Selling  unwholesome  provisions..... f 

Bringing  contagious  disease  into  city f 

Nurse  going  upon  street £ 

Physician  to  change  clothing,  penalty ( 

Health  officer  to  be  notified  in  case  of  small-pox  60 
DIVISION  4.— OFFENCES  CONCERNING  PROPERTY- 

Injury  to  pavements,  sidewalks,  etc 

Obstructing  public  improvements 

Injuries  to  bridges,  buildings,  etc 61 

Driving  upon  sidewalk  or  lawn I 


278  INDEX. 

PAGE.  SEC. 

Placing  rubbish  on  sidewalk  or  street 62  4 

Suffering  snow  to  remain  on  sidewalk 62  5 

Suffering  ice  or  dirt  to  remain  on  sidewalk 62  6 

Feeding  in  fire  limits  or  on  paved  street 62  7 

Turning  animals  into  public  enclosure 62  7 

Hitching  animals  to  trees,  lamp  posts,  etc 62  8 

Throwing  stones,  etc 62  9 

Trespass  to  private  premises 63  10 

Interfering  with  street  lamps 63  11 

Taking  water  from  city  cistern  or  well 63  12 

Vehicles  standing  on  streets 63  13 

Getting  upon  cars  while  in  motion 63  14 

Ball  playing  upon  public  grounds 63  15 

Obstructing  street,  sidewalk,  etc 63  16 

Driving  vehicle  over  fire  hose 63  17 

Removing  earth  from  streets 64  18 

Market  place  for  hay,  straw,  etc.,  penalty 64  19 

Excavations  in  streets  and  alleys 64  20 

DIVISION  5. — VAGRANTS — Definition  of  Vagrant...  65  1 

Penalty  for  vagrancy 65  2 

Penalty  on  second  conviction  of  vagrancy 65  3 

DIVISION  6. — OFFENCES  AGAINST  OFFICIAL  AUTHOR- 
ITY— Falsely  personating  an  officer 66  1 

Wearing  policeman's  star  or  badge 66  1 

Resisting  or  delaying  officer 66  2 

Assisting  prisoner  to  escape 66  3 

Refusing  to  assist  policemen 66  4 

DIVISION   7. — GENERAL  PROVISIONS — Attempt  to 

commit  offense 67  1 

Accessories  defined 67  2 

Offences  by  agentb,  servants,  etc 67  2 

Offences  not  provided  for 67  3 

Power  of  policemen  to  arrest  stragglers 57  4 

Boys  abroad  at  night 68  5 

Marshal  to  enter  gaming  house 68  6 

DIVISION  8. — PROCEEDINGS  TO  RECOVER  FINES  AND 

PENALTIES — Actions  to  be  in  name  of  city.  68  1 

City  not  to  pay  cost 69  1 

Suit  may  be  commenced  by  summons 69  2 

Suit  maybe  conducted  like  action  of  debt  before 

justices 69  2 

When  warrant  shall  be  issued 69  3 

Form  of  affidavit 69  4 

Continuances 70  5 

Recognizance  required  on  continuance 70  5 


INDEX.  279 

Magistrate  to  place  true  name  on  docket 70       ""i 

Amendments  allowed 70          7 

When  process  not  necessary 70          8 

Bill  of  particulars,  when  filed 70          8 

Trial  by  jury 70          9 

Duty  of  officer  making  arrest 71        10 

Defendant  failing  to  appear 71        11 

Defendant  kept  in  custody  till  fine  is  paid 71        12 

Executions,  form  of,  etc 71         13 

Prisoner  to  be  compelled  to  work 72        14 

Re-arrest  of  prisoner  in  case  of  escape 72        15 

Effect  of  discharge  when  fine  is  not  worked  out  72        15 

Appeals 72        16 

MOIETY — Allowed    to  person   informing    against 

butchers 39 

When  not  allowed  to  officer 39 

How  allowed  in  case  of  butchers 39          8 

MONTH— Construction  of  word 98 

MONEY-CHANGERS— Council  may  license...^  9,  167 

MULE— Not  to  go  at  large 1          1 

Immoderate  driving  of  prohibited 58 

MULBERRY  STREET— Grade  of. 31 

(See  GRADES.) 

nsr. 

NAME— Of  defendant,  unknown 70          6 

True  name  of  defendant  to  be  placed  on  docket  70          6 

NORTH  STREET— Grade  of. 30 

(See  GRADES.) 

NOTICE — To  unknown  owner  of  animal,  form,  etc 
Of  sales  of  impounded  animal,  etc 

NUISANCES— Power  of  Council  over 1  4,  167 

ENUMERATION  AND  PUNISHMENT  OF  NUISANCES.— 

When  animal  deemed  a  nuisance 

Dog,  when  deemed  nuisance 13 

Stables  and  hog  pens 73          1 

Manure ™ 

Gunpowder  and  gun-cotton 'J 

Tar,  pitch,  rosin,  etc J* 

Bills  and  placards 

Dairies „. 

Foul  premises 

Obstruction  of  streams,  gutters,  etc JO 

TT.  j  to 

Hides 


280  INDEX. 

PAGE.  SEC. 

Discharging  foul  liquids  or  substances  upon  the 

streets 75  10 

Slops,  filth,  dead  animals,  etc 75  11 

Throwing  filth  in  well  or  cistern 75  12 

Bill-boards 76  13 

Gates   opening  outward 74  14 

Slack  and  refused  coal 76  15 

Soap  factories  and  other  like  establishments....  76  16 

Slaughter  houses,  etc 76  17 

Curbing 77  18 

Trap  doors,  gratings,  etc 77  19 

Dangerous  sidewalk 77  19 

Ditches,  drains,  excavations,  etc 77  20 

Unsafe  scaffolds 77  21 

Unsafe  signs,  awnings,  etc v 78  22 

Trees,  clothing,  etc.,  overhanging  sidewalk 78  22 

Wooden  awnings  and  awnings  with  support 78  23 

Obstructions,  excavations,  etc 78  24 

Coal  vaults 78  25 

Unsafe  buildings,  etc 78  26 

Council  may  stop  the  e  rection  of  unsafe  buildings  79  27 
ABATEMENT  OF  NUISANCES — Court,  on  conviction, 

to  order  abatement 79  1 

Penalty  for  continuing  nuisance 79  2 

Summary  abatement  of  nuisance 79  3 

How  officer  to  proceed  in  abating 80  4 

Defendant  to  pay  cost  of  abatement 80  5 

Health  officer  to  complain  against  nuisances 90  4 

NURSE — Of  small-pox  patient,  not  to  go  on  street  60  15 

o. 

OAK  STREET— Grade  of. 26 

(See  GRADES.) 

OATH— Of  judges  and  clerks  of  election 14  2 

Deemed  to  include  affirmation 98  5 

Council  may  require  of  officers ^  1,  167 

To  be  taken  by  city  officers, 82  4 

OBSCENE  BOOKS,  PAMPHLETS,  ETC.— Selling 

in  city 56  3 

Penalty  for  having  in  possession 56  4 

OBSCENE  PLAY— Penalty  for  exhibiting  in  city.  56  5 

License  not  to  authorize 48  3 

OBSCENE    WRITING    OR     FIGURE— Penalty 

for  making  in  city 56  6 


INDEX.  281 


OBSTRUCTIOtf-Of  streets,  alleys,  etc.,  when 

nuisance  ...................................  7g        24 

Of  streets,  alleys,  etc.,  penalty  ......  ......]             .'  63  16 

Of  water  courses  ..........................                     75  g 

Of  street  by  railroad  company  .............           ..108  5 

OFFAL  —  Rendering  of  in  city,  nuisance  17 
OFFICIAL  BOND-(See  BOND,  and  OFFICERS')" 
OFFICE—  To  be  kept  by  Inspector  of  Weights  and 

Measures  ...................................               91  3 

Of  Superintendent  of  Water  Works...  .120          5 

OFFICER—  Penalty  for  falsely  personating  ...........  66          1 

Penalty  for  resisting  or  delaying  ....................  66          2 

In  charge  of  prisoner,  duty  of....,  72        14 

OFFICERS—  Chapter  13,  page  81. 
DIVISION  1.  —  GENERAL  PROVISIONS  —  Appointment 

and  term  of  officers  ..............................  81          1 

Qualifications  of  officers  ........................  .  .....  81          2 

Bonds  of  officers  ........................................  82          3 

Oath  to  be  taken  by  officers  ..........................  82          4 

Officers  to  be  commissioned,  form,  etc  ............  82          5 

DIVISION  2.  —  CITY   ASSESSOR  —  Appointment  and 

bond  of  Assessor  .................................  83          1 

To  be  governed  by  statutes  ............................  83          2 

Appointment  of  Township  Assessors  for  city...  83          3 
DIVISION  3.  —  CITY  ATTORNEY  —  Qualifications  and 

bond  ................................................  83          1 

Duties  of  Attorney  .....................................  83 

DIVISION  4.  —  CITY  CLERK  —  Bond  of  City  Clerk...  84          1 
Duties,  etc  .............................  .~  .................  85          2 

Office  hours  of  Clerk  ...............  ...  ............  1  7,  85 

DIVISION  5.  —  CITY  COLLECTOR  —  Bond  of  City  Col- 

lector ................................................  85          1 

Duties,  etc  ................................................  86 

Settlement  of  Collector  ................................  86 

To  report  delinquent  taxes  to  Council  ............  86 

Appointment  of  Town  Collectors  for  city  ........  86          4 

DIVISION  6.  —  CITY  ENGINEER  —  Appointment  and 

bond  of  Engineer  .................................  86 

Stipulation  in  Engineer's  bond  .....................  86 

Duties  of  City  Engineer  generally  ..................  87 

Materials,  maps,  records,  etc  ........................  £ 

Not  to  do  outside  work,  etc  ..........................  £ 

To  be  ex-qfficio  commissioner  of  sidewalks,  etc..  88 
DIVISION  7.  —  CITY  WEIGHER—  Appointment  and 

bond  of  ..............................................  89 

—36 


282  INDEX. 

PAGE.  SEC. 

Deputies 89 

General  duties  of  weigher 89 

Record  of  weights  kept 89  3 

False  certificates  of  weight,  penalty 89  4 

DIVISION  8. — HEALTH  OFFICER — Appointment  and 

bond 90  1 

General  duties 90 

Penalty  for  disobeying  orders  of. 90  3 

To  prosecute  nuisances 90  4 

Marshal  and  policemen  to  assist 90  5 

Council  may  retire  from  pay 91  6 

DIVISION  9. — INSPECTOR  OF  WEIGHTS  AND  MEAS- 
URES— Appointment  and  bond 91  1 

Clerk  to  procure  standards  for 91  2 

To  keep  office  in  city 91  3 

Inspection  made  by 91  3 

Duty  on  complaint  being  made 92  4 

When  to  condemn  scales,  etc 92  5 

Report  made  to  Council 92  6 

Penalty  for  using  uninspected  instruments 92  7 

Using  false  weights,  penalty 93  8 

Hindering  or  delaying  inspector 93  9 

DIVISION  10 — MEASURER — Appointment  and  bond  93  1 

Articles  to  be  measured 93  2 

Certificate  of  measurement 93  2 

False  certificate 94  3 

Refusal  to  measure,  penalty 94  4 

DIVISION  11 — OIL   INSPECTOR — Appointment  and 

bond 94  1 

Duties  of. 94  2 

DIVISION  12 — STREET  COMMISSIONER — Bond  of.....  95  1 

Duties  of. 95  2 

DIVISION  13 — TREASURER — Bond  of. 96  1 

General  duties  of. 96  2 

What  accounts  kept  by 96  3 

CHARTER  PROVISIONS  CONCERNING  OFFICERS 158     1-11 

When  to  enter  upon  duties 160  10 

Compensation  of  to  be  fixed  by  Council 160  11 

Powers  and  duties  of  generally 161     1-12 

To  be  conservators  of  peace 176  12 

Appointment  and  removal  of  officers 203-204 

Act  concerning  salaries  of  officers 218-219 

(For  POLICE  OFFICERS  see  POLICE  DEPARTMENT.) 

OIL — When  to  be  inspected 94  2 

Act  concerning  inspection  of. 207-209 


INDEX.  283 

OIL  INSPECTOIU-Appointment  and  bond  of.... .^94       "} 

Inspection  made,  report,  etc 94 

Fees  of,  fixed '  ig 

OLIVE  STREET— Grade  of. ....I!!!!!!!!!"!     \  29 

(See  GRADES.) 

OMNIBUS— Power  of  Council  to  license \  9,  167 

Rate  of  license  for 43          2 

(See  VEHICLES.) 

ORDER — For  abatement  of  nuisance 79          1 

For  payment  of  money,  clerk  to  keep  account  of.  85          -2 

For  sale  of  impounded  animal 83          5 

Form  of,  in  case  of  animal 4          8 

For  cemetery  purposes,  what  to  contain 8          6 

For  supplies,  copies  filed  with  clerk 118          3 

Fo!  payment  of  foreign  claim,  how  issued 118          5 

ORDINANCES— Power  of  Council  to  pass...l  42,  171 

Style  and  publication  of. 174          1 

Power  of  Mayor  to  approve  or  veto 162          7 

Council  may  impose  fines  for  breach ^[  41,  171 

How  proved 174 

To  remain  in  force  under  new  charter 174 

Further  power  of  Mayor  to  veto,  etc 204 

Passage  of,  over  Mayor's  veto 204 

To  lie  over  one  week  after  presentment 11 

All  licenses  to  be  subject  to 34 

Publication  of,  made  by  Clerk 97 

When  to  take  effect 97 

Offenses  punishable  under  two  sections 97 

Construction  of  singular  and  plural  words,  etc.  97 

To  include  corporations '-'7 

Construction   of  words,    "court,"    "month," 

"  sworn," 98 

Rules  of  costruction  applied 98 

Construction  of  repeals £ 

General  repeal ^ 

Adopting  and  publishing  ordinance 13^ 

Duty  of  City  Attorney  to  draft 1  6,    84 

IF. 

PANORAMA— (See  SHOWS  AND  EXHIBITIONS.) 

PASSENGERS— Rate  of  charges  for  carrying 4 

(See  VEHICLES.) 

PAVEMENT— Penalty  for  injuring I 

PAWNBROKERS— Power  of  Council  to  license, 

^[  9,  167 


284  INDEX. 

PAGE.  SEC. 

Who  deemed  a  pawnbroker 43 

Required  to  take  out  license 43          1 

Rate,  time,  bond,  etc . 43 

To  record  description  of  property 44 

Penalty  for  receiving  property  unlawfully 44  4 

Time  of  receiving  property 44          5 

PEDDLERS— Power  of  Council  to  license f  .9,  167 

Penalty  for  failure  to  take  out  license 40          1 

Residents  may  be  exempted 40 

Canvassers,  commercial  travelers,  etc 40 

Rate — wbat   articles   exempt 40 

Application 41          4 

Violations — penalty 41 

PELTS — When  a  nuisance 75          9 

PEN — For  cattle,  hogs,  etc.,  when  a  nuisance 73          1 

PENALTIES — Council  may  provide  for  recovery 

of. 1  41,  171 

Council  may  cause  to  be  worked  out i  41,  171 

Not  to  exceed  one  hundred  dollars f  42,  171 

Penalty  for  permitting  animals  to  go  at  large...     1  1 

For  breaking  pound,  etc 5        13 

For  wrongfully  taking  up  animal 6         14 

For  digging  grave  in  lot  of  another 7  3 

Against  Treasurer  for  neglect,  etc 8          6 

For  various  trespasses  in  cemetery 9  10-11 

For  failure  to  comply  with  dog  ordinance 13  5 

Against  City  Weigher  for  extortion 19         11 

For  keeping  or  using  liquor  at  engine  house, 

etc 22        11 

For  violating  fire  rules 22         14 

For  keeping  billiard  table  or  ten  pin-alley  with- 
out license 36          1 

For  keeping  billiard  room,  etc.,  open  on  Sunday  37  2 

For  permitting  minors  to  play  at  billiards  or 

ten-pins 37          3 

For  butchering  without  license 37          1 

Against  butcher  for  failing  to  keep  book 38  2 

Against  butcher  for  making  false  report 38  3 

For  killing  diseased  animal 38  4 

For  selling  diseased  meat 38          5 

For  selling  condemned  meat 39  7 

For  peddling  without  license 40          1 

For  keeping  junk  shop  without  license 41  1 

Against  milkmen  for  failing  to  take  out  license  43  1 


INDEX.  285 

Against  milkmen  for  failing  to  place  name  on""' 

vehicle 4g          9 

For  selling  adulterated  milk '."' 

Against  pawnbroker  for  failure  to  take  "license"  43          1 

Against  pawnbroker  for  other  violations 44          3 

Against  pawnbroker  for  receiving  stolen  prop- 

_      ertv.-: 44  4 

*  or  receiving  property  in  pawn  after  9  o'clock.  44  5 
Against  porters  and  runners  for  failure  to  take 

license 45  j 

Against  porter  for  failure  to  wear  badge 45          4 

Against  porter  for  annoying  travelers 45          5 

Against  scavenger  for  failure  to  pay  license 46          1 

For  scattering  filth  upon  streets 46          3 

For  cleaning  privy  in  daytime 46          4 

For  keeping  shooting  gallery  without  license...  47          1 

For  exhibiting  show  without  license 47          1 

For  failing  to  number  vehicle 49          3 

For  refusal  to  transport  persons  or  property 50          6 

Against  insurance  company  for  failure  to  take 

license 50          1 

Against  bill  posters 50          2 

For  selling  liquor  without  license 51          1 

For  selling  liquor  without  giving  bond 52          3 

For  keeping  dramshop  without  license 52          4 

For  selling  liquor  to  minor  or  drunkard 52 

For  keeping  open  dramshop  on  Sunday,  etc 52          6 

For  various  misdemeanors 53—72 

For  offenses  not  otherwise  provided  for 67          3 

For  disobeying  order  of  liealth  Officer 90          3 

For  using  improper  weights  or  measures 92      5-8 

For  hindering  inspector,  etc 93          9 

For  exhibiting  false  certificate  of  measurement  94 

Against  Measurer  for  neglect  of  duty 94 

For  interfering  with  Water  Works,  etc 122  10-11 

For  sprinkling  streets  at  wrong  time f  12,  124 

Against  City  Weigher  for  neglect  of  duty 89 

For  continuing  nuisance 79 

Proceedings  to  recover  penalties 68-72     1-16 

Manner  of  suing  for  penalties.... 69 

For  erecting  wooden  building  in  fire  limits 

For  constructing  sidewalk  off  grade 25 

Against  auctioneers 

PEST  HOUSES— Power  of  Council  to  establish!  4, 17< 
PETITIONS — To  Council  to  be  in  writing 11 


286  INDEX. 

PAGE.  SEC. 

PETROLEUM— When  a  nuisance 74          4 

PHYSICIANS— To   change   clothing  in    case    of 

small-pox 60         16 

PIGEON-HOLE  TABLES— License  for,  required..  37          1 
(See  LICENSES.) 

PIN  ALLEYS— Power  of  Council  over f  30,  170 

PIfcTOL— Penalty  for  firing  in  city 58  2 

Council  may  prohibit  carrying  of. T  38,  171 

(See  WEAPON.) 

PITCH— When  a  nuisance 74          4 

PLACARD — To  be  posted  in  case  of  small-pox 61         17 

Posting  of  on  property,  a  nuisance 74  5 

PLATS— Of  water  mains,  etc 121          7 

Council  to  approve 176         11 

Act  of  Legislature  concerning 210-214 

Of  city  cemetery,  to  be  made 6          2 

PLUMBERS— Rules  for  government  of. 126         13 

Required  to  be  licensed  and  give  bond 1  2,  126 

When  deemed  to  forfeit  license 1  3,  127 

Report  of 1  16,  129 

To  give  certificate  of  repairs i  13,  130 

Not  to  leave  water  on  premises *j[  19,  130 

Not  to  make  attachment  without  permission.... 

117,129 

POISON— Penalty  for  failing  to  mark 58  3 

POLICE— Power  of  Council  to  provide,  etc..l  36,  170 

Committee  on,  appointed 10  4 

POLICE  DEPARTMENT— Of  what  officers  com- 
posed   99  1 

Mayor  to  be  head  of 99  2 

Power  of  members 99  3 

Duties  of  City  Marshal 100  4-6 

Marshal  to  keep  property  of  department 100  5 

Stars  of  special  policemen 100  5 

Marshal  to  make  monthly  report 100  6 

Duties  of  subordinate  members 101  7 

Appointment  of  special  policemen 101  9 

Causes  of  removal  of  members 101  10 

Rules  and  regulations  of  department 102  11 

Police  uniforms 104  12 

Members  of,  may  call  on  bystanders  for  aid 66  4 

Members  of,  to  arrest  stragglers 67  4 

Power  of  Council 1  36   170 

POLICE  HEADQUARTERS— Persons  arrested  to 

be  taken  to ^  18,  104  11 


INDEX.  287 

Policemen  to  report  at,  for  roll  call..,    .  f  20*104 
POLICEMEN-Duty  of  to  take  up  animals... 

Fees  of 16 

Not  to  receive  impounding  fees 17          ~\ 

To  assist  at  fires 10 

To  carry  fire  alarm 

To  assist  Health  Officer '  99 

General  duties  of. 101 

Hank  of  to  be  assigned 101  9 

Causes  for  removal  of 101         10 

(See  SPECIAL  POLICEMEN.) 

POLICE  REGULATIONS— Licenses  subject  to...  34          4 
POLICE  CONSTABLES— Council  may  require  to 

give  bond 175          9 

POLICE  MAGISTRATES— Council  may  require 

to  give  bond 175          9 

Election  of,  authorized 216      1-2 

Fees  of  witnesses  attending  before 17          4 

When  to  issue  warrants 69          3 

POLICE  AND   FIREMEN'S  RELIEF   FUND— 

Act  of  Legislature  concerning 214—215 

POLLS — Of  city  election,  when  opened  and  closed.  15          5 

POOL — When  a  nuisance 74          7 

POOLS— Penalty  for  selling 57        11 

POOL  TABLES— License  for  required 37          1 

PORK— Inspection  of  authorized 1  22,  169 

PORTERS   AND   RUNNERS— Power  of  Council 

to  regulate 1  10,  168 

License  and  bond  required  of. 44 

Rate  and  time 45 

Hotel  keepers  may  take  out  license 45 

To  wear  badge  with  name 45 

Penalty  against,  for  misconduct 45          5 

POUNDS -Power  of  Council  to  establish f  27,  170 

Pound-keeper  to  provide 

Penalty  for  breaking  open 5 

POUND-KEEPER— Appointment  and  bond  of. 

To  provide  pounds  and  impound  animals 

To  make  complaint  against  owner 

To  post  notices  to  owners 

To  post  notice  of  sale,  and  sell 5 

May  appoint  deputies 

Additional  appointed 

Book  kept,  surplus  proceeds,  etc 

Penalty  for  hindering  or  delaying 


288  INDEX. 

PAGE.  SBC. 

Fees  of.  .....................................................  17  6 

PRAIRIE  STREET—  Grade  of.  ..........................  28 

(See  GRADES.)     . 
PRIVIES—  Power  of  Council  over  ....>  ........  1  17,  168 

When  a  nuisance  ........................................  74  7 

Cleaning  of  by  scavenger  .............................  46  4 

PRINTING—  Committee  on  appointed  .................  10  4 

PRISONER—  To  be  compelled  to  work  ................  72  14 

Escaping  may  be  re-arrested  .........................  72  15 

Attempting  to  rescue,  etc  .............................  66  3 

PRIZE  PACKAGES—  Sale  of  prohibited  ............  57  12 

PROCESS—  Amendment  of,  allowed  ...................  70  7 

When  not  required  .....................................  70  8 

PROPERTY—  Of  city,  vested  in  corporation  ........  175  5 

PROOF—  Of  publication  of  ordinances  ................  174  1 

PROSTITUTES—  Power  of  Council  to  restrain  and 

punish  .........................................  f  35,170 

PROCLAMATION—  On  opening  and  closing  polls  15  5 

Of  Mayor  respecting  dogs  ..........  .................  12  4 

PROVISIONS  —  Unwholesome,  Council  may  cause 
seizure  of  ..........................................  ^[  40,  171 

PUBLICATION—  Of  ordinances,  how  proved  ......  179  3 

Of  ordinances,  Clerk  to  make  .......................  79  1 

Of  revised  ordinances  authorized  ..................  134 

Of  notice  to  unknown  owner  of  animal  ..........     3  6 

PCJBLIC  BUILDING—  Penalty  for  placing  chair 

in  aisle  of.  ...........................................  60  11 


RAILROAD  —  Penalty  for  getting  upon  car  while 

in  motion  ............................................  63  14 

Committee  on  appointed  ..............................  10  4 

Companies  to  maintain  crossings  ...................  107  1-2 

Cost  of  crossings  recovered  from  company  ......  108  3 

Watchmen,  etc  ..........................................  108  4 

Obstruction  of  street  by  company  ..................  108  5 

Rate  of  speed  regulated  ...............................  108  6 

Sounding  whistle  .......................................  109  7 

Street  cars,  stopping  place"  for  .......................  109  8 

Construction  of  ordinance  ...........................  109  9 

Right  of  way  of  I.,  B.  &  W.  R.  R  ............  110-112 

Right  of  way  of  L.,  B.  &  M.  R.  R  ...........  112-114 

Power  of  City  Council  over  .................  f  19,  168 

RAILROAD  COMPANIES—  (See  RAILROADS.) 


INDEX.  289 

RANK— Of  policemen ..^01       "9 

RAVINE — Obstruction  of  nuisance.. 

REBATE  OF  TAXES-Act  of  legislature'  concern- 

mg 217-218 

RECORD — Of  water  permits  to  be  kept 121          5 

Kept  by  Clerk  of  Water  Board ......121          6 

REGISTRATION— Of  voters  when  not  required. ..179          6 
RENDERING    ESTABLISHMENTS-Power    of 

Council  over ^  ig,  168 

When   nuisance 75        17 

REQUISITIONS— For  supplies  to  be  'made  to* 

Council 117          2 

(See  SUPPLIES  AND  CLAIMS.) 

RESERVOIRS — Council  may  regulate |  31, 170 

REPEAL — Of  ordinance,  construction  of. 98          7 

Of  former  ordinances 98          8 

REPORT— Of  City  Attorney .". 84          2 

Of  City  Collector 86          3 

Of  City  Engineer 87          3 

Of  Inspector  of  Weights  and  Measures 92          6 

Of  Oil  Inspector 94 

Of  Street  Commissioner 95          2 

Of  City  Treasurer 96          2 

Of  City  Marshal 100          6 

Of  Water  Board 121          8 

Of  Plumbers j  16,  169 

RETAILERS— Power  of  Council  to  license.... f  9,  167 

RETURNS— Of  election  transmitted  to  Clerk 14 

REVENUE — Charter  provision  concerning 164      1-3 

Finance  committee  to  present  estimates 115 

Council  to  certify  amount  to  Clerk 115 

Manner  of  extending  taxes 116 

Delinquent  taxes,  report  of  collectors,  etc 116 

Settlement  with  collector 116 

All  payments  to  be  made  to  Treasurer 116          6 

REVISION— Of  ordinances  adopted 134 

REVOLVER— Penalty  for  firing  in  city 58 

(See  WEAPONS.) 

REWARD— Policeman  not  to  accept 102 

RIOTS— Power  of  Council  to  suppress 1  16,  168 

ROAD  TAX— Inhabitants  of  city  exempt  from 1( 

ROSIN — Council  may  regulate  storage  of,...-.f  17,  168 

When  a  nuisance 74 

ROUT— Power  of  Council  to  suppress 1  16,  168 

—37 


290  INDEX. 

FAQE.  SBC. 

RULES  AND  REGULATIONS— For  distribution 

of  water 122 

For  government  of  plumbers 126         13 

For  government  of  City  Council 11  6 

RUBBISH— Penalty  for  placing  on  street 62          4 

RUNNERS — (See  PORTERS  AND  RUNNERS.) 
RUNAWAY  HORSES— Penalty  for  taking  upon 

street 59          7 

s. 

SABBATH— (See  SUNDAY.) 

SALARIES— Of  officers,  act  concerning 218-219 

(See  FEES  AND  SALARIES.) 

SALOON— To  be  closed  on  Sunday 52          6 

To  be  closed  at  eleven  o'clock 52          6 

Frequenters  of,  deemed  vagrants 65  1 

SAMPLE  SELLERS— Council  may  license... .f  9, 167 

SCAFFOLD— Unsafe,  a  nuisance 77        21 

SCAVENGER— To  obtain  license  and  give  bond...  46  1 

Rate  and  time  of  license,  etc 46  2 

Construction  of  vehicle 46  3 

Time  and  manner  of  cleaning  privy  vaults 46  4 

SCALES— Weigher  to  have  charge  of. 89  2 

SCHOOLS— Acts  of  legislature  concerning 219-229 

SEAL— Of  city  to  be  kept  by  Clerk 163          8 

Of  Inspector  Weights  and  Measures 91  3 

SECOND  WARD— Boundaries  of. 118          1 

SECURITY  FOR  COST— City  not  required  to  give  69          ] 

SERVANT— Offenses  comitted  by 67          2 

SERVICE  PIPE— Material  used  for f  4,  123 

For  supplying  two  or  more  premises f  5,  123 

Water  takers  to  keep  in  repair ^f  6,  123 

When  to  be  of  lead  or  iron ^  11,  128 

Weight  of  lead  pipe  established ^  12,  128 

SETTLEMENT— Of  City  Collector 86          3 

SEWERS— Power  of  Council  over 1  17,  168 

Penalty  for  injuring 61  1 

Obstruction  of,  a  nuisance 75  8 

Power  of  Council  to  construct 172  3 

Council  may  issue  bonds  for  construction  of.....  180         12 

Power  of  City  to  levy  tax  for 129-130 

When  nuisance 74          7 

SEXTON —  (  of  Cemetery  ) — Appointment  powers 

and  duties  of. 8          7 


INDEX.  291 

When  to  remove  bodies PAOg       8*g 

Mortuary  record,  report  of  Sexton.!!!!!!!!  9 

Trespassing,  disobeying  orders,  etc ! ! !          9        JQ 

Going  upon  grounds  without  permission.!!  9        H 

Fees  of  Sexton '  jo          ^ 

SHADE  TREE— Penalty  for  hitching  animal  to        62 

SHEEP— Not  to  go  at  large  .. 

SHIFTS  AND  KEVICES-To  avoid  "liquor"  or"dV- 

nances 52          7 

(See  LIQUORS.) 

SHOOTING  GALLERIES— License  required  for...  47          1 

Rate  of  license  for 47 

Not  to  authorize  shooting  out  of  door... 

SHOWS  AND  EXHIBITIONS— Power  of  Council 

to  license f'  n   168 

License  required  for 47          i 

Rate,  etc 47 

Rate  for  miscellaneous  shows 48 

License  not  to  authorize  indecent  play 48 

SHUFFLE  BOARD— Penalty  for  keeping 57 

SIDEWALKS— Power  of  Council  to  require  built.,172 

Duties  of  Commissioner  of. 188 

Grade  of  fixed 25 

Persons  constructing  to  obtain  grade 25 

When  nuisance — abatement,  etc 25 

Gates  not  to  swing  over 76 

Committee  on  appointed 10 

Penalty  for  injuring 61 

Penalty  for  driving  upon 61 

Penalty  for  placing  rubbish  on 62 

Penalty  for  letting  snow  remain  on 62 

Suffering  ice  or  dirt  to  remain  on 62 

Penalty  for  obstructing 63 

Posting  bills  on  a  nuisance  74 

When  a  nuisance 77 

Failure  to  refill  excavation  under 77 

Obstruction  of,  nuisance 78 

Obstruction  of  by  railroad  company 108 

What  time  of  day  to  be  sprinkled......  ..-1  12,  12^ 

Act  concerning  construction  of  by  cities... 231-234 

SIGN— When  a  nuisance 

SIGNALS— To  be  given  by  engineer  of  fire  engine  2 

SIXTH  WARD— Boundaries  of  fixed.. 11* 

SKINS— When  nuisance • 75 


292  INDEX. 

PAGE.  SEC. 

SLAUGHTER  HOUSES— Power  of  Council  over 

j. 1  17-18,  168 

When  nuisance 76 

SLOPS— When  nuisance 75         11 

SMALL-POX— Penalty  for  bringing  into  City 60        14 

Health  officer  to  be  notified  of. '..  60        17 

SNOW — Power  of  Council  respecting f  33,  170 

Penalty  for  suffering  to  remain  on  sidewalk 62          5 

SOAP  FACTORY— Power  of  Council  over..!  17,  168 

When  a  nuisance 76         16 

SOUTH  GROVE  STREET— Grade  of. 29 

(See  GRADES.) 

SPECIAL  ASSESSMENTS— Engineer  to  be  Com- 
missioner of. 88          6 

Art.  9  of  general  law  adopted 117          1 

Art.  9,  etc 181-196 

Apportionment  of — act  concerning 205-206 

SPECIAL  POLICEMEN— Appointment  and  qual- 
ifications of. 101          8 

SPIRITUOUS  LIQUORS— (See  LIQUORS.) 

SPORTS— When  Council  may  prohibit 1  9,  127 

SPRINKLING— Water  rent  for 1 14,  124 

Of  streets,  (See  WATER  SUPPLY.) 

SQUIB— Penalty  for  exploding  in  city 68  1 

STANDARD— Of  weights  and  measures SI  2 

STABLES— Power  of  Council  over f  17,  168 

When  nuisance 73  1 

STAND-PIPE— Superintendent  to  keep  watch  of...l21  5 

STACK — When  unsafe,  a  nuisance 78         26 

Power  of  Council  to  stop  building  of. 79         27 

STALLION — Council  may  prohibit  exhibition  of 

1  32,  170 

Penalty  for  exhibiting  on  street 55  1 

STAMP — Used  by  Inspector  of  Weights  and  Meas- 
ures   91  3 

STANDING   COMMITTEES— Of   City    Council, 

what 10          4 

(See  CITY  COUNCIL.) 

STIPULATION— In  Engineer's  bond 87          2 

STONE  COAL— Inspection  of  authorized 1  22,  169 

STOP  COCKS— Connected  with  Water  Works,  how 

constructed !  7,  127 

To  be  inspected  by  Superintendent J  9,  128 

STRAGGLERS— May  be  arrested  at  night 07          4 

STRAW— Market  place  for  established 64        19 


INDEX.  293 

STREAM — Obstruction  of, a  nuisance A<75       ™8 

STREETS— Power  of  Council  to  light,  repair,  etc! 

.1  7,167 

Power  of  Council  over  generally 172  3 

Additional  tax  for  lighting  authorized 178          1 

Sprinkling  of. , j  12,  124 

Herding  or  tying  of  animals  on 6         15 

Grades  to  be  at  centre  lines  of. 24          2 

Grades  of  established 125-132 

Gate  swinging  over,  a  nuisance ,  76        14 

(See  STREET  and  ALLEYS.) 

STREETS    AND    ALLEYS— Committee    on   ap- 
pointed   10          4 

Penalty  for  placing  rubbish  on 62          4 

Discharging  filth  upon,  nuisance 75        10 

Penalty  for  obstructing 63        16 

Penalty  for  removing  earth  from 64        18 

Making  excavations  in  without  permission 64        20 

Failure  to  refill  ditches  in,  nuisance 77        20 

Obstruction  of,  a  nuisance 78        24 

Street  Commissioner  to  cleanse  yearly 95          2 

Obstruction  of  by  railroad  company 108          5 

STREET  CARS— Stopping  place  for 109 

STREET  COMMISSIONER— Bond  of. 95          1 

General  duties  of. 95 

To  notify  railroad  companies  to  build  crossings.107          2 
STUD— (See  STALLION.) 

SUITS— To  recover  fines,  where  brought 175 

SUMMONS— When  suit  commenced  by 69 

SUNDAY— Billiard  rooms,  etc.,  open  on 37 

Dramshop  open  on 52 

Labor  or  amusement  on  prohibited 54 

SUPERINTENDENT  OF  WATER  WORKS- 

Appointment  and  bond  of. 1- 

Duties  of  generally 1 

Duty  on  application  for  water 1  2,  122 

To  have  access  to  premises,  etc 1  22,  1 

Attachments  made  in  presence  of. t  4,  1 

SUPPLIES  AND  CLAIMS— Time  contracts  tor- 
Requisition  presented  to  Council 11 

Who  to  purchase— order— bill,  etc 1 

When  bill  not  allowed JJ 

Bills  to  be  itemized— foreign  clainaa 11 

SURVEYOR— (See  CITY  ENGINEER.) 
SURVEYS— Of  city  cemetery 


294  INDEX. 

PAGE.  SEC. 

SWINE— Not  to  go  at  large 1 

When  keeping  of,  a  nuisance 73  1 

"SWORN"— Construction  of  word 98          5 

T.  ' 

TALLOW — When  rendering  of,  a  nuisance 76         17 

TALLOW  CHANDLERY— Power  of  Council  over 

1  17,  168 

When  a  nuisance —  ^ 76        16 

TANNERY— Power  of  •   \uncil  over 1  17,  168 

When  a  nuisance  ...ii  \ 76        16 

TAR — Power  of  Counc \egulate-storage  of. 

f  17,  168 

When  a  nuisance ,     J 74          4 

TARGET  SHOOTING— vbee  SHOOTING  GALLERY.) 

TAVERNS— Power  of  Council  to  license 1  9,  167 

TAXES— Upon  dogs  paid  to  Marshal  12          1 

For  bewerage  and  water  purposes 229-230 

Power  of  Council  to  levy 164  1 

Upon  insurance  companies 165  2 

Citv  exempt  from  road  tax 166          3 

To  "be  extended  by  County  Clerk 116  3 

Delinquent  to  be  returned  to  County  Collectorll6  4 

Act  concerning  rebate  of. 217-218 

(See  REVENUE.) 
TAXATION— (See  REVENUE.) 

TEN-PIN  ALLEYS— License  for 37          1 

When  to  be  closed 37          2 

Keeper  of  to  exclude  minors 37          3 

Power  of  Council  to  license f  30,  170 

THEATRE— (See  SHOWS  and  EXHIBITIONS.) 

THIRD  WARD— Boundaries  of,  fixed 118          1 

TIE  VOTE— Mayor  todetermine 158          4 

To  be  certified  to  Mayor 14          3 

Manner  of  determining 14  4 

TIME  CONTRACTS— For  supplies  for  city 171  1 

TIPPLING  HOUSE— Power  of  Council  overt  12,  168 

When  to  be  closed 52          6 

(See  LIQUORS.) 

TORPEDO— Penalty  for  exploding  in  city 58  1 

TOWNSHIP  ASSESSOR— May  be  appointed  for 

city 83  3 

(See  CITY  ASSESSOR.) 
TRAP  DOOR — Leaving  open,  nuisance 77        19 


INDEX.  295 


TRADUCING—  Penalty  for  ..............  ..^54 

TRAMPS  —  Deemed  to  be  vagrants  .......  '  65 

(See  VAGRANTS,) 
TREE  —  Penalty  for  hitching  horse  to  ..................  62          8 

When  a  nuisance  .................  70         92 

TREASURER—  (See  CITY  TREASURER'.)'" 

TRESPASS—  Upon  private  premises  prohibited...     63        10 

TRIAL  BY  JURY—  May  be  demanded  in  prose- 

cutions ................................................  70          9 

(See  JURY  TRIAL.) 
TRUCKS^-Rate  of  license  for  .......    ...................  49          2 

Charges  for  carrying  property       ..................  49          4 

Standing  place  for  ..............          ..................  50          7 

(See  VEHICLES.) 

tr 

UNIFORMS  —  Of  policemen,  regulations  for  .........  104        12 

UNKNOWN    OWNER—  Of   animal,  proceedings 

against  ................................................     3          6 

(See  ANIMALS.) 
UNLAWFUL  ASSEMBLAGES—  Power  of  Coun- 

cil to  suppress  ..............................  ^[  16,  168 

Prohibited  ................................................  54          5 

UNSAFE  BUILDINGS,  ETC.—  Power  of  Council 

to  prohibit  ...................................  t  39,  171 

Deemed  nuisances  .......................................  78        26 

UNSAFE  SCAFFOLD—  Deemed  to  be  nuisances..  77        21 
UNWHOLESOME     PROVISIONS—  Penalty    for 

selling  ................................................  60        13 

V. 

VACANCY—  In  Water  Board,  how  filled  .............  120 

In  other  offices,  how  filled  ............................  159 

VAGRANTS—  Power  of  Council  to  punish.  „!  26,  169 
Power  of  Cauncil  to  restrain  and  punish..^  35,  170 
Who  deemed  to  be  ......................................  65 

Penalty  for  vagrancy  ...................................  65 

Second  offense  ............................................  65 

VAULT—  When  a  nuisance  ................................  74 

VEHICLES—  Power  of  Council  over  ............  1  9,  167 

For  scavengers,  how  constructed  ...................  -J 

When  license  required  for  ............................    ]  J 

Rate  and  time  of  license  ..............................  4 

Number  of  license  placed  on  vehicle  ..............  4 


296  INDEX. 

PAGE.  SEC. 

Tariff  of  rates  fixed  ....................................  49 

Card  of  rates  to  be  kept  ..............................  50 

Refusal  to  transport  —  extortion  .....................  50 

Standing  place  for  vehicles  ...........................  50          7 

Penalty  for  driving  against  ...........................  58 

When  meeting,  to  pass  to  the  right  ........  ^  ......  59 

Standing  on  sidewalk  or  crossing,  penalty  ........  62 

Penalty  for  letting  stand  on  street  ..................  63 

Penalty  for  driving  over  fire  hose  ..................  63         16 

VENUE—  Change  of,  Council  may  prohibit  ...........  171 

VICIOUS  ANIMAL—  Not  to  go  at  large,  penalty..  59        10 
VOTE—  Of  Council,  how  taken  ..........................  11          6 

VOTER—  Qualifications  of  .................................  161 


WAGON—  Rate  of  license  for  .............................  49          2 

Charge  for  carrying  property  on  ....................  49 

Penalty  for  letting  stand  on  street  ..................  63        13 

(See  VEHICLES.) 

Power  of  Council  to  license  ....................  ^[  9,  167 

WALL  —  Posting  bills  on,  a  nuisance  ....................  74          5 

Unsafe,  a  nuisance  ......................................  78        26 

Council  may  stop  building  of  ........................  79         27 

WALNUT  STREET—  Grade  of.  .........................  31 

(See  GRADES.) 

WARDS—  Established  by  charter  ........................  158          4 

Power  of  Council  over  ..........................  T[  6,  167 

City  divided  into  .............................  '  ............  118          1 

WARRANT  —  Council  may  authorize  issue  of  ........  171  2 

When  to  be  issued  .......................................  69          3 

WASHINGTON  STREET—  Grade  of.  ................  29 

(See  GRADES.) 

WATCHMEN—  When  to  be  kept  by  R.  R.  Co  ......  108          4 

WATER—  Penalty  for  taking  from  fire  plug,  etc...  122  10-11 
Waste  of  prohibited  ..............................  f  6,  123 

Duration  of  lease  for  ...........................  ^[  16,  124 

When  rent  for  due,  collection,  etc  .........  ^[  17,  125 

Refusal  to  pay  rent  for  .........................  ^f  18,  125 

Wasting  of  prohibited  .........................  f  18,  125 

When  supply  of  may  be  stopped  ............  ^  23,  126 

Tax  for  authorized  ................................  129-130 

Power  of  Council  to  provide  ..................  ^  5,  167 

WATER    BOARD—  To    have    control    of  Water 

Works  .......  ..119          1 


LNDEX.  '2^-j 

How  constituted  and  appointed....  Pn9       "2 

Meetings  of  Board //  12Q 

President   vacancies,  compensation, "etc.".! 

City  Clerk  to  be  Clerk  of. 120 

Duties  of  Clerk J21          6 

Plat  of  water  mains 121 

Report  of  Board g 

To  grant  permits '   ..4  1   122        12 

To  establish  price  of  ferrules ^  2*,  123 

To  purchase  ferrules — supplies ^[  3'  123 

Meters j  21,' 125 

Members  to  have  access  to  premises ^  22,  125 

May  rescind  rulings  of  subordinates J  25,  126 

May  shut  oft'  supply  from  delinquents |  4,  132 

To  establish  rules  for  assessing  water  rents 134        16 

WATER  COURSE— Obstruction' of,  nuisance...       75          8 

WATER  REXTS— Manner  of  collecting 131         14 

Clerk  to  make  assessment  book f  1,  131 

Treasurer  to  give  notice ^  2,  131 

Personal  demand  for  by  Treasurer f  2,  131 

Ten  per  cent,  for  non-payment f  4,  132 

Non-payment  after  second  demand,  penalty. "f  5, 132 

Tariff  of  rates  established 132        15 

Power  of  Water  Board  to  fix 134 

Assessment  of. 134        16 

Water  Board  to  enforce  collection  of. 134        16 

WATER  SUPPLY— Chapter  concerning 119-134 

WATER  WORKS— Acts  of  legislature  concerning: 

234-238 

To  be  under  control  of  Water  Board 119          1 

Superintendent  of  appointed 120 

Power  of  Superintendent 120          5 

WEIGHER— (See  CITY  WEIGHER.) 

WEIGHTS  AND  MEASURES— Power  of  Coun- 
cil respecting If  21,  169 

Inspector  of  appointed ' 

Clerk  to  procure  standards £ 

Inspection  of * 

Inspection  on  request,  etc 92 

Condemnation  of. 9- 

Penalty  for  using  uninspected 

False  weights  and  measures,  penalty - 

Penalty  for  nindering  or  delaying  inspector i 

Act  of  Legislature  concerning 23J 

WELLS— Power  of  Council  to  regulate 1  31,  170 


298  INDEX. 

PAGE.  SEC. 

Throwing  tilth  in,  nuisance 

WEAPONS — Power  of  Council  to  prohibit  carry- 
ing of. t  38,  171 

Penalty  for  carrying , 54  9 

Penalty  for  supplying  prisoner  with 66  "         ;', 

(See  CONCEALED  WEAPONS.) 
WEST  STREET— Grade  of...'. 26 

(See  GRADES.) 
WHISTLE— Of  fire  engine  when  blown 21  7 

Of  locomotive,  penalty  for  sounding 109  7 

WITNESSES— Power  of  Council  to  fix  fees  oft  24,  169 

Fees  of  fixed 17 

WOOD— Market  place  for 64 

WOODARD  STREET— Grade  of 31 

(See  GRADES.) 

WOODEN  AWNING— Declared  a  nuisance 78         2(J 

WRIGHT  STREET— Grade  of 28 

(See  GRADES.) 


* 


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